U.S. Court of Appeals for the D.C. Circuit, 1961

John F. Dommel and Reba Dommel v. Managers, Inc.

U.S. Court of Appeals for the D.C. Circuit · Decided March 22, 1961 · Miller, Bazelon, Washington

288 F.2d 154 (Federal Reporter, Second Series)

Counsel

Mr. Martin E. Gerel, Washington, D. C., with whom Mr. Lee C. Ashcraft, Washington, D. C., was on the brief, for appellants., Mr. William H. Clarke, Washington, D. C., with whom Messrs. Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellees Managers, Inc. and H. G. Smithy Company., Mr. Richard W. Barton, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellee, District of Columbia.

Cases that cite this one

1 later published case cites this decision.

Charles B. Elgin, Sr., Individually and as Next Friend of John Elgin, a Minor v. District of Columbia (D.C. Cir. 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

When John F. Dommel stepped on a manhole cover in front of an apartment house of which he was a resident and former manager, the cover tilted and he was injured. He sued the owner and rental agent of the apartment house, and also made the District of Columbia a defendant. His wife sued for loss of consortium.

Holding the defendants had neither actual nor constructive notice of the alleged defective condition, the trial court directed a verdict in their favor, whereupon this appeal was taken. We find no error.

Affirmed.

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