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KAY v. CAIN

No. 9010.

154 F.2d 305 (1946)

KAY et al. v. CAIN.

United States Court of Appeals District of Columbia.

Decided March 11, 1946.

As Amended on Denial of Rehearing March 29, 1946.

Attorney(s) appearing for the Case

Mr. John H. Burnett, of Washington, D. C., with whom Mr. Charles W. Arth, of Washington, D. C., was on the brief, for appellants.

Mr. William R. Lichtenberg, of Washington, D. C., with whom Messrs. Samuel Barker and Vance V. Vaughan, both of Washington, D. C., were on the brief, for appellee.

Mr. Joseph Luria, of Washington, D.C., also entered an appearance for appellee.

Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Associate Justices.

EDGERTON, Associate Justice.

Appellee was the lessee of an apartment in a building owned by appellants, the lessors. There were 22 apartments in the building. Appellants controlled the halls, stairs and entrances. Appellee has recovered judgment for personal injuries caused by falling over a milk bottle on an uncovered and unlighted outside stairway by which she was returning to the building at night. This stairway was the only approach to a rear basement entrance...

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