Reports of Cases Adjudged in the Court of Appeals of the District of Columbia Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...null and void, we presume that there was here only a misapprehension of the law, and not an intentional violation of it. In view of our opinion, as here stated, with reference to the main objection urged against the admissibility of the deed here in controversy, it is unnecessary to discuss the other grounds of objection that have been taken to it. For, if the deed was null and void from the beginning by reason of its champertous character, as we think it was, the questions that have been discussed as to the time of its delivery and the effect of its registration with regard to the admissibility of the recorded transcript in the place of the original deed, become unimportant, notwithstanding that they are in themselves questions of serious import. We are of opinion that the court below was right in refusing to admit in evidence the deeds from the heirs of Ann Bartlett to the plaintiffs in this cause; and that it was right in directing a verdict and rendering judgment thereon for the defendant. And that judgment must therefore be affirmed, with costs. It is so ordered. D. C Syllabus. THE ECKINGTON & SOLDIERS' HOME RAILROAD COMPANY. z. HUNTER. Ev1dence; Expert Test1mony; Street Ra1lways; R1ght Of Way; Cross1ngs. 1. In a damage suit growing out of a collison between a wagon and a street railway car, it is not error to allow a witness to testify as to the apparent speed of the car at the time of the accident. Such testimony is not expert testimony. 2. Where in such a case the declaration alleges that no signal or warn ing was given by the motorman of the car, while testimony of some of plaintiff's witnesses is to the effect that the bell was rung by the motorman, the variance is not such an one as to justify the trial court directing a verdict for the defen...