District of Columbia v. Caton
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for damages for personal injuries. The Court in the opinion stated the facts as follows: This appeal is from a judgment in favor of appellee, Joseph C. Catón, hereafter referred to as plaintiff, in the supreme court of the District of Columbia in a suit to recover damages for personal injuries sustained on one of the streets of the city of Washington.
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Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for damages for personal injuries. The Court in the opinion stated the facts as follows: This appeal is from a judgment in favor of appellee, Joseph C. Catón, hereafter referred to as plaintiff, in the supreme court of the District of Columbia in a suit to recover damages for personal injuries sustained on one of the streets of the city of Washington. It appears that plaintiff was driving a team attached to a wagon at a rapid gait down a hill or steep grade on the street in question…
1Dissent
Mr. Ohief Justice Smyth
dissenting:
I cannot give my assent to the conclusion reached by the majority with respect to the liability of the street railway company. If the District had directed the company to lay its track in the manner in which the track in question was laid, then, in my opinion, the company would not be liable. But there is no evidence here that any direction or command which the company was bound to obey was given with respect to the subject. The company prepared its plan and submitted it to the district engineer, who, according to the company’s engineer, approved it, and…
2Cases cited9 opinions
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Seibert v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Osgood v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1881
- Brown v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Alton & Upper Alton Horse Railway & Carrying Co. v. DeitzIllinois Supreme Court · 1869
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