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ACKERHALT v. NATIONAL SAVINGS & TRUST CO.

No. 13177.

244 F.2d 760 (1956)

Philip E. ACKERHALT, t/a Colonial Wall Paper and Paint Company, Appellant, v. NATIONAL SAVINGS & TRUST COMPANY, A body corporate, as trustee under will of Angelina Schlueter, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1956.

Attorney(s) appearing for the Case

Mr. Samuel Intrater, Washington, D. C., with whom Mr. Albert Brick, Washington, D. C., was on the brief, for appellant.

Mr. John E. Powell, Washington, D. C., with whom Mr. John M. Lynham, Washington, D. C., was on the brief, for appellee.

Mr. Arthur P. Drury, Washington, D. C., also entered an appearance for appellee.

Before FAHY, DANAHER and BURGER, Circuit Judges.

DANAHER, Circuit Judge.

After appellant had concluded his opening statement, the trial judge directed a verdict in favor of the appellee. He ruled, "The liability, if any, would be on the part of the tenant in possession of the premises." This appeal challenges that ruling.

On June 11, 1953, according to the complaint, water from the appellee's premises flooded the adjoining warehouse where appellant had stored wallpaper, a condition which so persisted that...

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