District of Columbia v. Brewer
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for alleged personal injuries. The Court in the opinion stated the facts as follows: This case in all its essential details was here fourteen years ago (District of Columbia v. Brewer, 7 App. D. C. 113), and it was then held that the plaintiff, Harrison G. Brewer, appellee here, had no right of action because of his contributory negligence.
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Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for alleged personal injuries. The Court in the opinion stated the facts as follows: This case in all its essential details was here fourteen years ago (District of Columbia v. Brewer, 7 App. D. C. 113), and it was then held that the plaintiff, Harrison G. Brewer, appellee here, had no right of action because of his contributory negligence. In 1903 the Supreme Court of the United States in deciding another case from this court (Mosheuvel v. District of Columbia,…
1Opinion of the CourtJustice Robb
The sole question presented is whether the former adjudication of this case by this court constituted the law of the case notwithstanding the above decision of the Supreme Court in the Mosheuvel Case.
It is not necessary to discuss the general rule that a prior decision is conclusive on the same question on a subsequent appeal, for no rule is more firmly established or rigidly adhered to; *391Warner v. Grayson, 24 App. D. C. 57; Roberts v. Cooper. 20 How. 481, 15 L. ed. 973; Re Sanford Forte & Tool Co. 160 U. S. 247, 40 L. ed. 414, 16 Sup. Ct. Rep. 291; Yazoo & M. Valley R. Co. v. Adams, 180 U. S.…
2Cases cited14 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- Illinois v. Illinois Central RailroadSupreme Court of the United States · 1902
- Yazoo & Mississippi Valley Railway Co. v. AdamsSupreme Court of the United States · 1901
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
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3Cited by5 opinions
- Davis v. DavisCourt of Appeals for the D.C. Circuit · 1938
- Thompson v. Park Sav. BankCourt of Appeals for the D.C. Circuit · 1938
- Elliott v. MoffettCourt of Appeals of Texas · 1942
- New York Life Ins. v. TaylorCourt of Appeals for the D.C. Circuit · 1946
- Jemison v. Metropolitan Life Ins.District of Columbia Court of Appeals · 1943