EASTBURN v. LEVIN

No. 7459.

113 F.2d 176 (1940)

EASTBURN v. LEVIN.

United States Court of Appeals for the District of Columbia.

Decided May 13, 1940.


Attorney(s) appearing for the Case

Max Miller and Albert Brick, both of Washington, D. C., for appellant.

I. Irwin Bolotin, Nathan M. Brown, and Samuel B. Brown, all of Washington, D. C., for appellee.

Before STEPHENS, EDGERTON, and RUTLEDGE, Associate Justices.


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...

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