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Best v. District of Columbia, 291 U.S. 411 (1934)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Best v. District of Columbia, 291 U.S. 411 (1934)
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Best v. District of Columbia No. 477 Argued February 9, 1934 Decided March 5, 1934 291 U.S. 411
CERTIORARI TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
1. To warrant the direction of a verdict for the defendant on the opening statement of plaintiff’s counsel, it is not enough that the statement be indefinite; it must clearly appear, after resolving all doubts and uncertainties in favor of the plaintiff, that no cause of action exists. P. 415.
2. Where a wharf for unloading sand lies adjacent to a public street from which, for want of a proper fence or barrier, its surface may be both seen and entered, and when children of tender years, attracted by the sand piles, are accustomed to enter and use it as a playground, going in and out at their pleasure, the owner is under a duty to take reasonable precautions either to prevent such use or to keep the flooring in repair so that children will not be exposed to the danger of falling through holes. Railroad Co. v. Stout, 17 Wall. 657; Union Pacific Ry. v. McDonald, 152 U.S. 262, applied. United Zinc Co. v. Britt, 258 U.S. 268, distinguished. P. 416.
62 App.D.C. 271, 66 F.2d 797, reversed.
Certiorari, 290 U.S. 619, to review a judgment affirming a judgment for the District of Columbia entered on a directed verdict, in an action for the death of a child, alleged to have been caused by negligence. The verdict was directed at the close of the opening statement by counsel for the administrator.
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Chicago: U.S. Supreme Court, "Syllabus," Best v. District of Columbia, 291 U.S. 411 (1934) in 291 U.S. 411 291 U.S. 412–291 U.S. 413. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=99XSWZDN6Y1I6YF.
MLA: U.S. Supreme Court. "Syllabus." Best v. District of Columbia, 291 U.S. 411 (1934), in 291 U.S. 411, pp. 291 U.S. 412–291 U.S. 413. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=99XSWZDN6Y1I6YF.
Harvard: U.S. Supreme Court, 'Syllabus' in Best v. District of Columbia, 291 U.S. 411 (1934). cited in 1934, 291 U.S. 411, pp.291 U.S. 412–291 U.S. 413. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=99XSWZDN6Y1I6YF.
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