Legal Opinion · Concurrence

Shaffer v. Bowes

District of Columbia Court of Appeals

Decided January 29, 1943No. 31Published

1ConcurrenceCayton, Associate Judge

I concur in the result, but I cannot subscribe to the edict that “where an owner has several properties available, the choice of which one he shall occupy is for him.” I frankly regard this as dangerous language. I fully agree that in the special circumstances of this case plaintiff ought not to be deprived of possession of the room she seeks. I am satisfied the evidence supports her claim and removes the situation from the class of tenancies “frozen” by the Rent Act. Considerations of morals, *692safety, fire prevention and the general benefits of direct personal management amply justify the…

2Cases cited2 opinions

  1. Chastleton Corp. v. SinclairSupreme Court of the United States · 1924
  2. Mess v. MostellerCourt of Appeals for the D.C. Circuit · 1924

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