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LYONS v. DISTRICT OF COLUMBIA

No. 11731.

214 F.2d 203 (1954)

LYONS v. DISTRICT OF COLUMBIA.

United States Court of Appeals District of Columbia Circuit.

Decided January 14, 1954.

Attorney(s) appearing for the Case

Mr. Rex K. Nelson, Washington, D. C., with whom Mr. Eugene X. Murphy. Washington, D. C., was on the brief, for appellant.

Mr. John H. Baumgartner, Jr., Assistant Corporation Counsel for the District of Columbia, with whom Messrs. Vernon E. West, Corporation Counsel, Chester H. Gray, Principal Asst. Corporation Counsel, and Harry L. Walker, Asst. Corporation Counsel, were on the brief, for appellee. Mr. Oliver Gasch, Asst. Corporation Counsel at the time the record was filed, also entered an appearance for appellee.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.

FAHY, Circuit Judge.

Appellant is an elderly lady who as plaintiff below sued the District of Columbia for damages due to injuries alleged to have resulted from a fall on an icy sidewalk. The fall is alleged to have been caused by the negligence of the District in maintaining the sidewalk. The case went to trial before a jury and resulted in a verdict for the District. The court gave an instruction on contributory negligence. Appellant urges that this was error because...

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