Legal Opinion
Garner v. Ritzenberg
District of Columbia Court of Appeals
Decided January 31, 1961No. 2659PublishedCited by 7 opinions
1Opinion of the Court
CAYTON, Acting Judge.
Plaintiffs brought this suit to recover the value of personal property destroyed when their basement apartment became flooded after a heavy rain. At the close of their evidence the court directed a verdict for the landlords ruling that the intensity of the rain was an act of God creating conditions they could not have foreseen or obviated, thus absolving them of liability. Plaintiffs appeal.
The evidence was as follows.. The wife testified that she and her husband rented the apartment in February 1959 after inspecting it and finding it in seemingly good condition. At the…
2Cases cited5 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Audrey Whetzel, Frederick Whetzel, Jr., and Frederick Whetzel v. Jess Fisher Management Co.Court of Appeals for the D.C. Circuit · 1960
- Sturges v. Charles L. Harney, Inc.California Court of Appeal · 1958
- Gibson v. StateNew York Court of Claims · 1946
- Christman v. StateNew York Court of Claims · 1947
3Cited by7 opinions
- Shea-S&m Ball, a Joint Venture v. Massman-Kiewit-Early, a Joint VentureCourt of Appeals for the D.C. Circuit · 1979
- McNally v. WardCalifornia Court of Appeal · 1961
- American National Red Cross v. Vinton Roofing Co.District Court, District of Columbia · 2009
- Banks Ex Rel. Lacey v. B. F. Saul Co.District of Columbia Court of Appeals · 1965
- McCarthy v. District of ColumbiaDistrict of Columbia Court of Appeals · 1961
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