SOUTHERN FOUNDATION CORPORATION v. Hankins

Decision Date19 December 1963
Docket NumberNo. 17863.,17863.
Citation117 US App. DC 150,326 F.2d 693
PartiesSOUTHERN FOUNDATION CORPORATION (Intercounty Construction Corp.), et al., Appellants, v. Mary E. HANKINS, Administratrix of the Estate of Thomas A. Hankins, Deceased, Appellee.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Frank F. Roberson, Washington, D. C., with whom Mr. George U. Carneal, Jr., Washington, D. C., was on the brief, for appellants.

Mr. Samuel Intrater, Washington, D. C., with whom Mr. Albert Brick, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and BASTIAN and WRIGHT, Circuit Judges.

PER CURIAM.

Appellee plaintiff, as administratrix of the estate of Thomas A. Hankins, eleven years of age when he died, sought to recover damages arising out of the boy's death, allegedly caused by the negligence of the District of Columbia and three contractors engaged in work on a construction project. A verdict against appellants defendants having been returned by the jury, the trial court was presented with motions for judgment notwithstanding the verdict, for reduction of the verdict or, in the alternative, for a new trial, based on the claims that the verdict was against the weight of the evidence, that the court erred in refusing to give certain instructions, and excessiveness of the verdict. All of these motions were denied by the trial court and this appeal followed.

Examination of the record convinces us that there was no error in any of the respects urged. Being in agreement with the opinion of the trial court in denying the several motions,1 the judgment of the District Court must be and is

Affirmed.

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6 cases
  • Alston v. Baltimore & OR Co.
    • United States
    • U.S. District Court — District of Columbia
    • June 16, 1977
    ...411, 415-16, 54 S.Ct. 487, 78 L.Ed. 882 (1934); Hankins v. Southern Foundation Corp., 216 F.Supp. 554, 558 (D.D.C.), aff'd, 117 U.S.App.D.C. 150, 326 F.2d 693 (1963). Accordingly, defendant's motion for summary judgment was denied and the plaintiffs were allowed an opportunity to develop fu......
  • Holland v. Baltimore & O. R. Co.
    • United States
    • D.C. Court of Appeals
    • May 29, 1981
    ...U.S. 943, 84 S.Ct. 348, 11 L.Ed.2d 273 (1963); Hankins v. Southern Transportation Corp., 216 F.Supp. 554 (D.D. C.), aff'd, 117 U.S.App.D.C. 150, 326 F.2d 693 (1963). Quite some time after the doctrine had emerged as an accepted legal theory of recovery, and nine years subsequent to the publ......
  • Foshee v. Consolidated Rail Corp.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • June 17, 1988
    ... ... Stanley FOSHEE, et al., Appellants ... CONSOLIDATED RAIL CORPORATION ... No. 87-7107 ... United States Court of Appeals, ... District of ... United States, 517 F.Supp. 95, 97-98 (D.D.C.1981); Hankins v. Southern Foundation Corp., 216 F.Supp. 554 (D.D.C.1963), aff'd., 326 ... ...
  • Elliott v. Michael James, Inc.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • June 9, 1977
    ...case can be viewed as speculative, Hankins v. Southern Foundation Corp., 216 F.Supp. 554, 558 (D.D.C.1963). We affirmed, 117 U.S.App.D.C. 150, 326 F.2d 693 (1963).As the statute permits, supra note 1, the court is not deprived of control if it be determined that a verdict is contrary to the......
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