Porter v. Conrad, 10989.

Citation90 US App. DC 423,196 F.2d 240
Decision Date17 April 1952
Docket NumberNo. 10989.,10989.
PartiesJasper PORTER, Appellant, v. J. Fairfax CONRAD, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Earl H. Davis, Washington, D. C., for appellant.

J. Joseph Barse, Washington, D. C., with whom H. Mason Welch, John R. Daily and J. Harry Welch, Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, PROCTOR and BAZELON, Circuit Judges.

PER CURIAM.

This appeal was allowed to review the application by the Municipal Court of Appeals of our decisions in Rosenberg v. Murray,1 and Hiscox v. Jackson2 in determining the limited circumstances under which the presumption of consent under the District of Columbia Owners' Financial Responsibility Act, D.C.Code § 40-403 (1940), may be overcome as a matter of law. Upon our review of this case, we conclude that the Municipal Court of Appeals correctly stated and applied the governing principles laid down by this court.

We therefore adopt the opinion of the Municipal Court of Appeals, reported in 1951, 79 A.2d 777, in affirming its judgment herein.

Affirmed.

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8 cases
  • Myers v. Gaither
    • United States
    • D.C. Court of Appeals
    • 10 Agosto 1967
    ...witnesses." A jury determination was therefore in order. See also Conrad v. Porter, D.C.Mun.App., 79 A.2d 777 (1951), aff'd, 90 U.S.App.D.C. 423, 196 F.2d 240 (1952); Simon v. Dew, D.C.Mun.App., 91 A.2d 214 Appellant asserts there were inconsistencies and contradictions in appellee's own ev......
  • Jones v. Halun, 16333.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 22 Noviembre 1961
    ...552, 553; Hiscox v. Jackson, 75 U.S.App.D.C. 293, 127 F.2d 160; Conrad v. Porter, D.C.Mun.App., 79 A.2d 777, aff'd, Porter v. Conrad, 90 U.S.App. D.C. 423, 196 F.2d 240; Hudson v. Lazarus, 95 U.S.App.D.C. 16, 18, 217 F.2d 344, In this case the evidence failed to show consent. The evidence t......
  • Lancaster v. Canuel
    • United States
    • D.C. Court of Appeals
    • 22 Agosto 1963
    ...148 A.2d 578; Milstead v. District of Columbia, D.C.Mun.App., 91 A.2d 93; Conrad v. Porter, D.C.Mun.App., 79 A.2d 777, aff'd 90 U.S.App.D.C. 423, 196 F.2d 240; Schwartzbach v. Thompson, D.C.Mun.App., 33 A.2d 624. The effect of this provision is to impose upon the owner the affirmative duty ......
  • Stumpner v. Harrison, 2010.
    • United States
    • D.C. Court of Appeals
    • 16 Diciembre 1957
    ...verdict as a matter of law. Simon v. Dew, D.C. Mun.App., 91 A.2d 214; Conrad v. Porter, D.C.Mun.App., 79 A.2d 777, affirmed 90 U.S.App.D.C. 423, 196 F.2d 240. If, on the other hand, the evidence contains inconsistencies and self-contradictions or is reasonably subject to contradictory inter......
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