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HIRSHFELD v. DISTRICT OF COLUMBIA

No. 13892.

254 F.2d 774 (1958)

Ernestine HIRSHFELD, Executrix of the Estate of Sam H. Hirshfeld, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 13, 1958.

Attorney(s) appearing for the Case

Mr. Francis L. Casey, Jr., Washington, D. C., with whom Mr. Frank F. Roberson, Washington, D. C., was on the brief, for appellant.

Mr. George H. Clark, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellee.

Before REED, Associate Justice of the Supreme Court, retired, and EDGERTON, Chief Judge, and BAZELON, Circuit Judge.

REED, Associate Justice, sitting by designation.

Appellant instituted an action for damages against the District of Columbia, for negligence of the District in the maintenance of a sidewalk. The defect allegedly caused injury to her deceased husband. The District claims that appellant's suit is barred for failure to comply with section 12-208 of the District of Columbia Code, which requires that notice of injury be given the District. The section reads as follows...

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