Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body Corporate

BAZELON, Chief Judge:

This is an appeal from a jury verdict for the appellee after trial on appellant Smith’s claim that Arbaugh’s negligently maintained a set of greasy metal stairs on which he fell and was injured. The relevant facts are not in dispute.

On March 4, 1966, the appellant Ralph Smith, a Health Inspector in the employment of the District of Columbia, was directed by his supervisor to inspect the barbecue kitchen in appellee’s restaurant. A grease fire had occurred in one of the barbecue pits several weeks previously, and the purpose of the inspection was to determine whether…