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ELLIOTT v. DISTRICT OF COLUMBIA

No. 9245.

160 F.2d 386 (1947)

ELLIOTT v. DISTRICT OF COLUMBIA.

United States Court of Appeals District of Columbia.

Decided March 10, 1947.

Attorney(s) appearing for the Case

Mr. James P. Donovan, of Washington, D. C., for appellant.

Mr. Chester H. Gray, Principal Assistant Corporation Counsel, of Washington, D. C., with whom Messrs. Vernon E. West, Corporation Counsel, and Milton D. Korman, Assistant Corporation Counsel, both of Washington, D. C., were on the brief, for appellee.

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

PER CURIAM.

Appellant brought this suit against the District of Columbia for personal injuries which were caused by falling into a depressed area beside a public sidewalk in front of 213 E Street Northwest in the District of Columbia. The District Court granted appellee's motion for summary judgment on the ground that appellant was and appellee was not negligent.

According to the testimony the sidewalk was only 7 or 8 feet wide and was bounded on its inner...

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