District of Columbia v. Boswell
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the District of Columbia from a judgment on verdict in an action to recover damages for personal injuries. The Court in its opinion stated the case as follows : This is an appeal from a judgment for damages recovered on behalf Alice M. Boswell, a minor, for injuries received by her through a defect in the sidewalk on C street in the city of Washington. The accident occurred on May 5, 1888, which was the fifth anniversary of the child’s birth.
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Hearing on an appeal by the District of Columbia from a judgment on verdict in an action to recover damages for personal injuries. The Court in its opinion stated the case as follows : This is an appeal from a judgment for damages recovered on behalf Alice M. Boswell, a minor, for injuries received by her through a defect in the sidewalk on C street in the city of Washington. The accident occurred on May 5, 1888, which was the fifth anniversary of the child’s birth. She was playing with a little boy about her own age, named Fitzpatrick, on the brick sidewalk in front of his home, and nearly…
1Opinion of the CourtJustice Shepard
1. After careful consideration of the whole case, we have •come to the conclusion that we would not be justified in .holding that the court erred in refusing to direct a verdict for the defendant.
The defect does seem to be a slight one, from a general point of view, and one that may not have attracted the attention of ordinary passers-by who did not come in contact with it. Yet there was evidence showing that one person had noticed the condition of the gas box and surrounding bricks a year before the accident occurred, had seen persons stumble on it, and had called it to the attention of his…
2Cases cited9 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
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3Cited by5 opinions
- District of Columbia v. WilliamsDistrict of Columbia Court of Appeals · 1946
- Clementine Mitchell v. District of Columbia, District of Columbia v. Clementine MitchellCourt of Appeals for the D.C. Circuit · 1965
- Speirs v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1936
- Edythe C. Urow, Administratrix of the Estate of Louis Urow, Deceased v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1963
- Edythe C. Urow, Administratrix of the Estate of Louis Urow, Deceased v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1963