[Download] "Rice v. Simmons" by District of Columbia Court of Appeals. # Book PDF Kindle ePub Free
eBook details
- Title: Rice v. Simmons
- Author : District of Columbia Court of Appeals.
- Release Date : January 12, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
CLAGETT, Associate Judge. Plaintiff sued defendant, owner and operator of a used car sales business, for damage to plaintiff's taxicab. The damage resulted when the taxicab, which was legally parked near the corner of 11th and Monroe Streets, Northwest, was run into by an automobile owned by defendant and driven by one of his employees. It was admitted that the negligence of defendant's employee was the proximate cause of the collision, and the only dispute at the trial was the responsibility of the defendant for the negligence of his employee. The trial court, sitting without a jury, first made a general finding for plaintiff and assessed damages. This general finding was entered on the jacket of the case and also in the court's minutes and docket. Before judgment had been entered on the finding, defendant moved to set it aside and enter judgment for defendant. This motion was granted, and the case is here on appeal from a judgment for defendant. We have concluded that the case must be disposed of on a question of procedure, but some consideration of the facts is necessary as a preliminary to reaching the procedural point.