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Mosheuvel v. District of Columbia, 191 U.S. 247 (1903)
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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.
Mosheuvel v. District of Columbia, 191 U.S. 247 (1903)
Mosheuvel v. District of Columbia No. 6 Argued October 13, 1903 Decided November 30, 1903 191 U.S. 247
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
There is no rule of law in the District of Columbia that, where a defect exists in a highway and is known to one who elects to use such highway, such election, even if justified by the dictates of ordinary prudence, must as a matter of law entail the consequences of a want of ordinary care and prudence. Where a hole exists in a sidewalk as the result of negligence on the part of the authorities, and renders ingress and egress from a house more or less dangerous, it is not such contributory negligence per se on the part of an occupant of such house having knowledge of the hole to try to step over it, as had been done on previous occasions, instead of going around it, as will justify the direction of a verdict for the defendant.
It is for the jury to determine from all the conditions whether the situation of the defect and the hazard to result from an attempt to step over it was so great that plaintiff, with the knowledge of the situation, could not as a reasonably prudent person have elected to step over instead of going around it.
The facts are stated in the opinion of the Court.
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Chicago: U.S. Supreme Court, "Syllabus," Mosheuvel v. District of Columbia, 191 U.S. 247 (1903) in 191 U.S. 247 191 U.S. 248–191 U.S. 251. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=PKHMIPLD4DB6X89.
MLA: U.S. Supreme Court. "Syllabus." Mosheuvel v. District of Columbia, 191 U.S. 247 (1903), in 191 U.S. 247, pp. 191 U.S. 248–191 U.S. 251. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PKHMIPLD4DB6X89.
Harvard: U.S. Supreme Court, 'Syllabus' in Mosheuvel v. District of Columbia, 191 U.S. 247 (1903). cited in 1903, 191 U.S. 247, pp.191 U.S. 248–191 U.S. 251. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=PKHMIPLD4DB6X89.
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