Tyrrell v. District of Columbia, 243 U.S. 1 (1917)

Tyrrell v. District of Columbia

No. 54

Argued November 1, 1916
Decided March 6, 1917
243 U.S. 1

CERTIORARI TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

It is the duty of this Court to dismiss a certiorari upon discovering that the question which induced the issuance of the writ does not arise on the record. Furness, Withy & Co. v. Yang-Tsze Insurance Association, 242 U.S. 430.

Petitioner’s intestate was killed by an explosion of gas while making repairs in a school building of the District of Columbia. Damages were recovered in the Supreme Court of the District, and the judgment was reversed by the Court of Appeals. This Court issued a certiorari upon the assumption (induced by a misconception of counsel) that the decision, in possible conflict with decisions of this Court, proceeded on the theory that the municipality could not be held for positive torts committed by its agents while discharging its public or governmental duties. Examination of the record proving that no exception was taken by plaintiff to the rulings of the trial court in this regard, and that the decision of the appellate court turned on its conclusion that the evidence was insufficient to establish a nuisance as the cause of the accident, held, that the certiorari must be dismissed.

Writ of certiorari to review 41 App.D.C. 463 dismissed.

The case is stated in the opinion.