Glaria v. Washington Southern Railway Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows: This is an action brought by Dominico Diaria against the Washington Southern Railway Company, a corporation engaged in the operation of a railway in the State of Virginia, to recover damages for personal injuries.
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Hearing on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows: This is an action brought by Dominico Diaria against the Washington Southern Railway Company, a corporation engaged in the operation of a railway in the State of Virginia, to recover damages for personal injuries. The evidence introduced by the plaintiff tended to show the following facts: At the time of the injury, November 29, 1904, plaintiff was a…
1Opinion of the CourtChief Justice Shepard
A motion to direct a verdict is an admission of every fact in evidence, and of every inference reasonably deducible therefrom. And the motion can be granted only when but one reasonable view can be taken of the evidence and the conclusions therefrom, and that view is utterly opposed to the plaintiff’s right to recover in the ease. Whenever there is uncertainty as regards the existence of negligence on the one hand, and of *564contributory negligence on tbe other, the issue must be submitted to the determination of the jury. These principles are so familiar that it is unnecessary to cite authority…
2Cases cited10 opinions
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Clampit v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
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3Cited by5 opinions
- Hellweg v. Chesapeake & Potomac Telephone Co.Court of Appeals for the D.C. Circuit · 1940
- Landfair v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1948
- Lewis Ex Rel. Jarrell v. MerzellDistrict of Columbia Court of Appeals · 1955
- Sims v. EAST WASHINGTON RAILWAY COMPANYDistrict of Columbia Court of Appeals · 1966
- Adams v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1946