Capital Traction Co. v. Offutt
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, entered upon the verdict of a jury in an action to recover damages for the alleged unlawful occupation and use by the defendant of a public street in front of the plaintiffs’ premises.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, entered upon the verdict of a jury in an action to recover damages for the alleged unlawful occupation and use by the defendant of a public street in front of the plaintiffs’ premises. The Court in its opinion stated the case as follows: This suit was instituted by the appellee, George W. Offutt, in the Supreme Court of the District for damages to his business alleged to have resulted from the unlawful occupation and use of the public street in front of his premises by the appellant, the…
1Opinion of the CourtJustice Morris
The assignments of error are exceeding^ numerous, amounting to seventy-seven in all. But we do not deem it necessary to consider all these, or indeed more than one of them. For we are of opinion that this suit can not be sustained against the Capital Traction Company for the alleged delinquency of the Washington and Georgetown Railroad Company. We know of no rule or principle of the common law, which would authorize suit to be maintained against one person, who is sui juris, for the default of another person, who is equally sui juris, whether the persons be natural persons or corporations.…
2Cases cited4 opinions
- Chicago, Santa Fe & California Railway Co. v. AshlingIllinois Supreme Court · 1895
- New Bedford Railroad v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1876
- Trustees of University v. MoodySupreme Court of Alabama · 1878
- Chicago, Santa Fe & California Railway Co. v. AshlingAppellate Court of Illinois · 1894