United Cigar Stores Co. v. Young
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, on verdict, in an action for slander, assault, malicious prosecution, and false arrest and imprisonment.
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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 for slander, assault, malicious prosecution, and false arrest and imprisonment. The Court in the opinion stated the facts as follows: This is an appeal [by the United Cigar Stores Company, a corporation], from a judgment of the supreme court of the District in an action of slander, assault, malicious prosecution, and false arrest, growing out of a burglary which occurred in one of the defendant’s retail tobacco stores in this city, and in which $508 belonging to the…
1Opinion of the CourtJustice Robb
1. The motion for a directed verdict being general, it follows that if there were sufficient evidence in support of either of the two counts which were submitted to the jury to warrant such a submission, the refusal of this general motion was not error. In a case like the present, a general motion for a verdict by direction is necessarily based upon the premise that there has been a failure of proof as to each count of the declaration. The language of Mr. Chief Justice Alvey in Washington Asphalt Block & Tile Co. v. Mackey, 15 App. D. C. 410, is apposite: “Upon this evidence, the defendant…
2Cases cited9 opinions
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Gold v. CampbellCourt of Appeals of Texas · 1909
- Samuel Kirk & Son v. GarrettCourt of Appeals of Maryland · 1896
- Hebrew v. PulisSupreme Court of New Jersey · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morton v. United StatesCourt of Appeals for the D.C. Circuit · 1945
- Prieto v. May Department Stores CompanyDistrict of Columbia Court of Appeals · 1966
- Washington Annapolis Hotel Co. v. RiddleCourt of Appeals for the D.C. Circuit · 1948
- Tocker v. Great Atlantic & Pacific Tea CompanyDistrict of Columbia Court of Appeals · 1963
- Viner v. FriedmanDistrict of Columbia Court of Appeals · 1943
3 more not listed; retrieve them via the Exa API.