Edward Douglass White

“ At the trial the court in express terms charged the jury that 'for a mere act of isolated negligence the municipality of the District of Columbia would not be responsible, no matter what the result of the isolated act of negligence was. The District in this action, if responsible at all, can only be responsible upon the theory that the death. ”

“ The averments as to the negligence of the municipality both in permitting the escape of the gas and as to allowing it to remain after notice of the dangerous condition, and as to the absence of neglect on the part of the plaintiff's intestate, were ample. There was a subsequent amendment to the petition, alleging facts which, it was averred, established that the conduct of the District as to the escape and failure to remove the gas was equivalent to the creation by it of a public nuisance. ”

“ As it follows that the certiorari was improvidently granted as the result of a misconception of the parties as to the state of the record and the questions open, it follows that the case comes directly within the rule announced in Furness, W. & Co. v. Yang-Tsze Ins. Asso. ”