ERROR to the Supreme Court of the District of Columbia.
MR. JUSTICE HUNT delivered the opinion of the court.
This is an action to recover damages sustained by the plaintiff on the 14th of November, 1871, in consequence of the unsafe condition and negligent management of the streets of the District of Columbia. The court below ruled that the District was not liable, and directed a verdict for the defendant.
The case is controlled by the principles governing that of Barnes v. District of Columbia, supra, p. 540.
The judgment is reversed, and a new trial ordered.
MR. JUSTICE SWAYNE, MR. JUSTICE FIELD, MR. JUSTICE STRONG, and MR. JUSTICE BRADLEY, dissented.