Conger v. Baltimore & Ohio Railroad
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action by an administrator to recover damages for the death of bis decedent by reason of the alleged negligence of the defendant.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action by an administrator to recover damages for the death of bis decedent by reason of the alleged negligence of the defendant. The Court in the opinion stated the facts as follows: This is an action on the case, brought by appellant, William H. Conger, administrator of the estate of George Conger, deceased, in the supreme court of the District of Columbia to recover damages from the appellee, the Baltimore & Ohio Bail-road Company, for the death of his intestate, George…
1Opinion of the CourtJustice Van Orsdel
It will sufficiently dispose of this appeal if we confine our inquiry to the fifth assignment of error. This raises the main issue here involved. Was the appellee negligent in the duty it owed to the deceased, or was the deceased guilty of such contributory negligence as will furnish a defense for the appellee and prevent a recovery ? There can be no recovery in this case unless appellee was guilty of negligence towards the deceased. In the absence of such negligence, there can be no legal foundation for recovery. If it be true that appellee installed at this crossing ample means for…
2Cases cited1 opinion
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
3Cited by3 opinions
- Baltimore & O. R. R. v. CorbinCourt of Appeals for the D.C. Circuit · 1940
- Lewis Ex Rel. Jarrell v. MerzellDistrict of Columbia Court of Appeals · 1955
- National City Development Co. v. McFerranDistrict of Columbia Court of Appeals · 1947