Mosheuvel v. District of Columbia
Supreme Court of the United States
ERROR TO THE COURT OP APPEALS OF THE DISTRICT OF COLUMBIA. The facts are stated in the opinion of the court. Tbe Brewer case, 7 App. D. C. "113, which was the authority for dismissing this case is not analogous and if it were the decision in that case is erroneous.
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ERROR TO THE COURT OP APPEALS OF THE DISTRICT OF COLUMBIA. The facts are stated in the opinion of the court. Tbe Brewer case, 7 App. D. C. "113, which was the authority for dismissing this case is not analogous and if it were the decision in that case is erroneous. See Coffin v. Inhabitants of Palmer, 162 Massachusetts, 192; Maultby v. Leavenworth, 28 Kansas (2d ed.), 531; Huntington v. Breen, 77 Indiana, 29. . The lower court adopted the theory that mere knowledge of a defect in the highway will preclude recovery from a municipality for an injury received. In this case the testimony shows…
1Opinion of the CourtJustice White
The plaintiffs in error-husband and wife — sued to recover the amount of the damage alleged to have been sustained from a personal injury suffered by the wife as the result of a fall on a sidewalk in the District of Columbia. We shall hereafter refer to the wife as the plaintiff.- The fall was alleged to nave been caused by a hole resulting from an uncovered water-box in the sidewalk, which appliance for a long time had been allowed to be in a dangerous condition through the neglect of the defendant. At the close of the evidence the court instructed a verdict for the defendant on the ground…
2Cases cited11 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Jordan v. City of SeattleWashington Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Martin v. George Hyman Construction Co.District of Columbia Court of Appeals · 1978
- Johnson v. EvanskiSupreme Court of Minnesota · 1946
- Tobin v. Pennsylvania R. Co.Court of Appeals for the D.C. Circuit · 1938
- Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
61 more not listed; retrieve them via the Exa API.