Smith v. Washington

U.S. Circuit Court for the District of District of Columbia

Smith v. Washington

22 F. Cas. 698, 2 Hayw. & H.D.C. 220, 1856 U.S. App. LEXIS 574

CourtU.S. Circuit Court for the District of District of Columbia

DecidedMay 23, 1856

StatusPublished

This text of 22 F. Cas. 698 (Smith v. Washington) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Washington, 22 F. Cas. 698, 2 Hayw. & H.D.C. 220, 1856 U.S. App. LEXIS 574 (circtddc 1856).

Pincite

Opinion

THE COURT

instructed the jury that the corporation had the power to regrade the streets of the city of Washington, under their charter, without making the compensation for individual injuries, unless the plaintiff showed that they had acted corruptly or with the design to injure; and that the jury must presume that they acted legally until one of these things was proved. They held that the power to grade was a continuing power, to be exercised whenever they deemed it proper to do so.

The jury under these instructions rendered a verdict in favor of the defendants.

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THE COURT

instructed the jury that the corporation had the power to regrade the streets of the city of Washington, under their charter, without making the compensation for individual injuries, unless the plaintiff showed that they had acted corruptly or with the design to injure; and that the jury must presume that they acted legally until one of these things was proved. They held that the power to grade was a continuing power, to be exercised whenever they deemed it proper to do so.

The jury under these instructions rendered a verdict in favor of the defendants.

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Bluebook (online)

22 F. Cas. 698, 2 Hayw. & H.D.C. 220, 1856 U.S. App. LEXIS 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-washington-circtddc-1856.