Legal Opinion

Mark W. Morgan, an Infant, by Herbert N. Morgan, His Father and Next Friend v. James e.garris and Newcomb-Jones Realty, Inc.

Court of Appeals for the D.C. Circuit

Decided May 31, 1962No. 16247_1PublishedCited by 14 opinions

1Opinion of the Court

EDGERTON, Circuit Judge.

The appellant, a child not quite three years old, fell off the back stairs of his rented home into an areaway and was injured. The appellees are the owner of the house and the owner’s rental agent. The suit charges them with negligence in failing to install a proper protecting rail. Depositions showed that the only protection was a single pipe handrail and that the child’s mother had complained to the agent. The Municipal Court entered summary judgment for the defendants and the Municipal Court of Appeals affirmed. We allowed an appeal.

We think the defendants were, not…

2Cases cited10 opinions

  1. Hormel v. HelveringSupreme Court of the United States · 1941
  2. Patterson v. AlabamaSupreme Court of the United States · 1935
  3. Schaff v. R. W. Claxton, Inc.Court of Appeals for the D.C. Circuit · 1944
  4. Audrey Whetzel, Frederick Whetzel, Jr., and Frederick Whetzel v. Jess Fisher Management Co.Court of Appeals for the D.C. Circuit · 1960
  5. Montgomery v. Virginia Stage Lines, Inc.Court of Appeals for the D.C. Circuit · 1951

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hansford P. Miller v. Jackson AviromCourt of Appeals for the D.C. Circuit · 1967
  2. Board of Public Instruction of Taylor County, Florida v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1969
  3. Burch v. Amsterdam CorporationDistrict of Columbia Court of Appeals · 1976
  4. John Doe v. John L. McMillanCourt of Appeals for the D.C. Circuit · 1972
  5. The Youngstown Sheet and Tube Company v. Lucey Products CompanyCourt of Appeals for the Fifth Circuit · 1968

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