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DISTRICT OF COLUMBIA v. GREEN

No. 12393.

223 F.2d 312 (1955)

DISTRICT OF COLUMBIA, a Municipal Corporation, Appellant, v. Walter C. GREEN, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1955.

Attorney(s) appearing for the Case

Mr. Hubert B. Pair and Harry L. Walker, Asst. Corporation Counsel for the District of Columbia, with whom Mr. Vernon E. West, Corporation Counsel, and Mr. Chester H. Gray, Principal Asst. Corporation Counsel, were on the brief, for appellant. Mr. J. Hampton Baumgartner, Jr., Asst. Corporation Counsel, also entered an appearance for appellant.

Mr. Joseph A. McMenamin, Washington, D. C., for appellee.

Before PRETTYMAN, BAZELON and DANAHER, Circuit Judges.

PRETTYMAN, Circuit Judge.

Our appellee, Green, brought a civil action against the District of Columbia for injuries sustained when he fell in a public market. He recovered a judgment upon a trial before a jury.

Green's fall was in an areaway. The marketmaster, a veteran of fourteen years' employment at this market, testified that to reach the point where Green fell "There is one step down to a platform and there is a half step into the areaway where the water...

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