MAXWELL
v.
DISTRICT OF COLUMBIA

U.S. | 1875-10-01
Mr. Justice Swayne, Mr. Justice Field, Me. Justice Stbong, and Mr. .Justice Bbadley, dissented. .
91 U.S. 557 Supreme Court of the United States (1875) Positive Treatment
Also reported at: 23 L. Ed. 445 · 1875 U.S. LEXIS 1401 · SCDB 1875-123
Cited by 2 cases
Opinion of the Court
Mb; Justice Hunt

Mb; Justice Hunt delivered the opinion of the court.

This is an action to recover damages for injuries sustained by the plaintiff bn the first day of March, 1872, in consequence of the unsafe condition and negligent management of the streets of the District of Columbia. The court below ruled that the District was not liable, and directed a verdict for the defendant.

The case is controlled by that of Barnes v. District of Columbia, supra, p. 540.

The judgment is reversed,, and a new trial ordered.

Mr. Justice Swayne, Mr. Justice Field, Mr. Justice Stbong, and Mr. .Justice Bbadley, dissented. .

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  • Coughlin v. Dist. of Columbia, 106 U.S. 7 (U.S. 1882)
    …of the District of Columbia originally held that. the action could not be maintained against the defendant, and gave judgment in its favor. But this court on writ of error reversed that judgment and ordered a-new trial. Dant v. District of Columbia, 91 U. S. 557. Upon the present record that decision of this court must, as was assumed by both counsel at the argument, be considered as settling the law of the case on the question then decided. This record shows the following proceedings.: At October Term, 18…

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