Legal Opinion

Audrey Whetzel, Frederick Whetzel, Jr., and Frederick Whetzel v. Jess Fisher Management Co.

Court of Appeals for the D.C. Circuit

Decided September 14, 1960No. 15287_1PublishedCited by 65 opinions

1Opinion of the Court

BAZELON, Circuit Judge.

In Bowles v. Mahoney, this court adhered to the common-law rule that “absent any statutory or contract duty, the lessor is not responsible for an injury resulting from a defect which developed during the term.”1 Since that case was decided, the Commissioners of the District of Columbia have promulgated regulations concerning maintenance and repair of residential property. The primary question here presented is whether these regulations impose a “statutory * * * duty” on the lessor not presented in Bowles v. Mahoney. We conclude that they do.

The issue arises upon an…

2Cases cited24 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
  3. Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
  4. Michaels v. Brookchester, Inc.Supreme Court of New Jersey · 1958
  5. Altz v. . LeibersonNew York Court of Appeals · 1922

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

3Cited by65 opinions

  1. Sarah B. Kline v. 1500 Massachusetts Avenue Apartment CorporationCourt of Appeals for the D.C. Circuit · 1970
  2. Yvonne C. Edwards v. Nathan HabibCourt of Appeals for the D.C. Circuit · 1968
  3. Javins v. First National Realty Corp.Court of Appeals for the D.C. Circuit · 1970
  4. Ceco Corp. v. ColemanDistrict of Columbia Court of Appeals · 1982
  5. Duane S. Marusa v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1973

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

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