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U.S. Supreme Court

Fidelity Title & Trust Co. v. DuBois Elec. Co., 253 U.S. 212 (1920)

Fidelity Title & Trust Co. v. DuBois Electric Company

No. 300

Argued March 25, 26, 1920

Decided June 1, 1920

253 U.S. 212


In reversing a judgment on a verdict in an action at law for damages, the circuit court of appeals should order a new trial, but where it fails to do so, this Court, on certiorari, may inquire whether that court was wrong on the merits and, finding it so, may affirm the judgment of the district court. P. 253 U. S. 213.

A man is not free to introduce a danger into public places, even if he be under no contract with the persons subjected to the risk. P. 253 U. S. 214.

One who creates and arranges for the continuation of dangerous conditions of which he alone knows cannot escape responsibility for a resulting injury by stepping out of their control a few days before the injury occurs. P. 253 U. S. 215.

A, having been furnished with a banner by B, and having, at B's request, undertaken to hang it across a public street and later take it down, assuming full control, suspended it between opposite buildings by a cable, one end of which A negligently attached to a weakly constructed chimney; several days later, A retaining control, the banner dragged the chimney over in a storm and C was injured by a falling brick in the street below. Held that A was liable to C. P. 253 U. S. 213.

An amendment to a declaration which leaves the original cause of action unchanged is not objectionable because made after the running of the statute of limitations. P. 253 U. S. 216.

253 F.9d 7 reversed.

The case is stated in the opinion.

Page 253 U. S. 213

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