Legal Opinion

Washington Railway Co. v. Downey

Court of Appeals for the D.C. Circuit

Decided March 6, 1913No. 2467PublishedCited by 2 opinions

Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows: Appeal from a judgment of the supreme court of the District in a suit against the appellant, the Washington, Alexandria, & Mt.

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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows: Appeal from a judgment of the supreme court of the District in a suit against the appellant, the Washington, Alexandria, & Mt. Vernon Railway Company, for personal injuries sustained by the appellee, Edward A. Downey, while acting as a trolleyman on appellant’s cars within the District of Columbia, November 29, 1907. The evidence of the plaintiff tended to show that the…

1Opinion of the CourtJustice Robb

at L. 232, chap. 3073, U. S. Comp. Stat. Supp. 1911, p. 1316) is unconstitutional if it shall be held to apply to common carriers within the District of Columbia whose lines extend beyond the District, that is, who are also interstate carriers, is met by the decision of this court in Hyde v. Southern R. Co. 31 App. D. C. 466, and in El Paso & N. E. R. Co. v. Gutierrez, 215 U. S. 87, 54 L. ed. 106, 30 Sup. Ct. Rep. 21. In each of those cases the common carrier was also an interstate carrier, and the act in question was held constitutional so far as it applied to commerce within the District of…

2Cases cited7 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. The Employers'liability CasesSupreme Court of the United States · 1908
  3. El Paso & Northeastern Railway Co. v. GutierrezSupreme Court of the United States · 1909
  4. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  5. Santa Fe Pacific Railroad v. HolmesSupreme Court of the United States · 1906

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3Cited by2 opinions

  1. Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
  2. Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940

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