Legal Opinion

Eastburn v. Levin

Court of Appeals for the D.C. Circuit

Decided May 13, 1940No. 7459PublishedCited by 14 opinions

1Opinion of the Court

EDGERTON, Associate Justice.

Appellant, a boy eight years old, sued for injuries received in defendant’s junk yard. This appeal is from a judgment for the defendant based on a directed verdict.

Defendant’s yard bordered on a Washington street, and was opposite plaintiff’s house. Piles of junk, including discarded automobiles, were visible from plaintiff’s house and from the street. Usually boards were missing from the fence around the yard. On the day of the accident plaintiff and other boys entered the yard from the street, at a place where boards were missing, to play and to get automobile…

2Cases cited5 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Best v. District of ColumbiaSupreme Court of the United States · 1934
  3. United Zinc & Chemical Co. v. BrittSupreme Court of the United States · 1922
  4. Branan v. WimsattCourt of Appeals for the D.C. Circuit · 1924
  5. Hamburg-American Line v. United StatesSupreme Court of the United States · 1934

3Cited by14 opinions

  1. Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body CorporateCourt of Appeals for the D.C. Circuit · 1973
  2. Estrada v. Potomac Electric Power Co.District of Columbia Court of Appeals · 1985
  3. Alva Laverne Luck and Jenell A. Baker, a Minor Child v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the D.C. Circuit · 1975
  4. McGettigan v. National Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1963
  5. Kelly v. Ladywood ApartmentsIndiana Court of Appeals · 1993

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