Coughlan v. District of Columbia

Decision Date30 October 1882
Citation106 U.S. 7,27 L.Ed. 74,1 S.Ct. 37
PartiesCOUGHLAN, Adm'r, etc., v. DISTRICT OF COLUMBIA
CourtU.S. Supreme Court

W. D. Davidge and R. Fendall, for plaintiff in error.

A. G. Riddle, for defendant in error.

GRAY, J.

This is an action to recover damages for a personal injury sustained by reason of a defect in a highway. The supreme court 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. Dist. 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, 1876, of the supreme court of the District of Columbia, held by one justice, a new trial was had pursuant to the mandate of this court. On the eighteenth of November a verdict was returned for the plaintiff in the sum of $5,000, and judgment rendered thereon, and the defendant moved the judge for a new trial, because the verdict was contrary to law and the instructions of the court, and to the evidence in the case, and because the damages were excessive. On the twenty-sixth of December that motion was overruled. On the fifth of January, 1877, the defendant filed this appeal: 'And now comes the defendant by its attorney, and appeals from the judgment rendered against it at this term to the general term of said court, having first filed in said cause a statement of the case;' and on the same day October term, 1876, was adjourned without day.

No statement of the case was filed until the next term, at which, on the ninth of March, 1877, a transcript of the pleadings and of the instructions to the jury, and an abstract of all the testimony given in the cause, were filed, with a certificate, under the hand and seal of the judge who presided at the trial, to their correctness, and 'that, for the purpose of making a case stated on appeal by the defendant from the verdict of the jury and the order of the justice refusing a new trial, I sign and seal this paper, and order it to be filed as of the day of appeal, January 5, 1877, the defendant not having been guilty of laches in the case; that to my signing and sealing this paper the plaintiff objects, which objection is overruled by me, and to the overruling of which objection the plaintiff excepts.'

At September term, 1877, there was a 'motion for new trial on case stated, filed in general term, October 3, 1877;' and on the eighth of December, 1877, the court in general term reversed the judgment below, and remanded the case to be tried anew. At the third trial the jury returned a verdict for the defendant under an instruction that the plaintiff could not recover because the evidence showed contributory negligence on his part. To this instruction he tendered a bill of exceptions, which was allowed and made part of the record, and, after judgment on this verdict for the defendant, was entered at a general term of the court, which, on the eleventh of November, 1878, affirmed the judgment, and on the next day the plaintiff sued out this writ or error.

Since the entry of the case in this court the plaintiff has died, and the action is prosecuted by his administrator.

The Revised Statutes of the United States relating to the District of Columbia contain the following provisions: An exception taken at the trial of a cause may be reduced to writing at the time, or 'may be entered on the minutes of the justice, and afterwards settled in such manner as may be provided by the rules of the court, and then stated in writing in a case or bill of exceptions, with so much of the evidence as may be material to the questions to be raised.' Section 803. The justice who tries the cause may, in his discretion, entertain a motion, entered on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages; 'but such motion shall be made at the same term at which the trial was had.' Section 804. 'When such motion is made and heard upon the minutes, an appeal to the general term may be taken from the decision, in which case a bill of exceptions or case shall be settled in the usual manner.' Section 805. 'A motion for a new trial on a case or bill of exceptions, and an application...

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16 cases
  • Howard v. Wilbur
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • March 15, 1948
    ...court and pending a review proceeding does not abate the appeal. Green v. Watkins, 6 Wheat. 260, 5 L.Ed. 256; Coughlan v. Dist. of Col., 106 U.S. 7, 1 S. Ct. 37, 27 L.Ed. 74; Roberts v. Criss, 2 Cir., 266 F. 296, 11 A.L.R. 698. In such cases the cause of action has been merged into the judg......
  • Roche v. McDonald
    • United States
    • Washington Supreme Court
    • September 11, 1930
    ... ... 923; Kimbrough v ... Mitchell, 38 Tenn. [1 Head] 539; Coughlan v ... District of Columbia, 106 U.S. 7, 1 S.Ct. 37, 27 L.Ed ... 74; Strouse v ... ...
  • Madden v. La Cofske
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 5, 1934
    ...USCA § 778; Clay v. Smith, 3 Pet. 411, 7 L. Ed. 723; Mitchell v. Overman, 103 U. S. 62, 64, 26 L. Ed. 369; Coughlan v. Dist. of Columbia, 106 U. S. 7, 11, 1 S. Ct. 37, 27 L. Ed. 74; Borer v. Chapman, 119 U. S. 587, 7 S. Ct. 342, 30 L. Ed. 532; City of New Orleans v. Warner, 176 U. S. 92, 20......
  • Tunnell v. Edwardsville Intelligencer, Inc.
    • United States
    • Illinois Supreme Court
    • September 26, 1969
    ...as of the date of the submission of the motion * * *.' Nenezich v. Elich, 183 Wash. 657, 49 P.2d 33; see also Coughlin v. District of Columbia, 106 U.S. 7, 1 S.Ct. 37, 27 L.Ed. 74; Carl v. Department of Labor and Industries, 38 Wash.2d 890, 234 P.2d 487; Craft v. Stone, 74 Ind.App. 71, 124 ......
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