Cooper v. Sillers
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for damages for the negligent use of a party wall.
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Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for damages for the negligent use of a party wall. The Court in the opinion stated the facts as follows: This action was brought in the supreme court of the District of Columbia by the appellees, Ellen Sillers (widow), Robert F. Sillers, Frederick Sillers, Elsie L. Sillers, Basil Sillers, Fannie Sillers, and Ellen Sillers, plaintiffs below, against the appellant, George S. Cooper, for damages alleged to have been sustained by them as the result of the use of a party…
1Opinion of the CourtJustice Van Orsdel
Reviewing briefly the instructions requested, we are of the opinion that the first one was properly refused, for the reason, as we shall observe later, that there was, in our opinion, sufficient evidence offered to justify the court in submitting the case to the consideration of the jury. As to the second prayer offered by appellant, and refused, the court, in its own instructions, charged the jury that there is nothing contained in the building regulations of the city which applies to party walls existing at the time of the passage of these regulations. The appellant could, therefore, be in…
2Cases cited4 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
- Cooke v. EnglandCourt of Appeals of Maryland · 1867
- Fifth Nat. Bank v. New York Elevated R. Co.U.S. Circuit Court for the District of Southern New York · 1886
3Cited by7 opinions
- Robert McAllister Individually and as Parent and Natural Guardian of Dana McAllister Infant v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1995
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Friedman v. Decatur CorporationCourt of Appeals for the D.C. Circuit · 1943
- Bailey v. BlockDistrict Court, District of Columbia · 1937
- Martin v. Washington Times Co.District Court, District of Columbia · 1937
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