Coates v. District of Columbia

District of Columbia Court of Appeals
Coates v. District of Columbia, 42 App. D.C. 307 (D.C. 1914)
1914 U.S. App. LEXIS 2277
Shepard

Coates v. District of Columbia

Opinion of the Court

Mr. Chief Justice Shepard

delivered the opinion of the Court:

We are constrained to deny the writ of error in this case, the right to which is claimed under the 3d and 6th paragraphs, sec. 250, of the Code relating to the judiciary.

*308The ease was determined upon two propositions, neither of which involved the .construction or application of the Constitution of the United States, or the constitutionality of any law of the United States; nor was the construction of any law. of the United States drawn in question by the defendant.

We regard the case as controlled by American Security & T. Co. v. Rudolph, 38 App. D. C. 32, 44; American Security & T. Co. v. District of Columbia, 224 U. S. 491, 56 L. ed. 856, 32 Sup. Ct. Rep. 553.

The writ of error is denied, but the plaintiff can apply to the Supreme Court of the United States in person for a writ of error if so advised, or a writ of certiorari. Denied.

The Supreme Court of the United States allowed a writ of error on May 19, 1914.

For decision of this Court on appeal from judgment on demurrer, see ante, 194.

Reference

Full Case Name
COATES v. DISTRICT OF COLUMBIA
Status
Published
Syllabus
Writ of Ebrob, denial of. A writ of error claimed under the Judiciary Code, see. 250, pars. 3 and 6, will he denied, where the decision denying the liability of the District of Columbia for damages caused by alleged negligence of employees of the health department did not involve the construction or application of the Constitution of the United States or the constitutionality of any law of the United States, and where the construction of any such law was not drawn in question by the defendant.