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DISTRICT OF COLUMBIA v. HICKEY

Nos. 2251, 2252, 2319.

150 A.2d 463 (1959)

DISTRICT OF COLUMBIA, a Municipal Corporation, Appellant, v. Helen B. HICKEY and Kenny Construction Co., Inc., Appellees. KENNY CONSTRUCTION CO., Inc., Appellant, v. Helen B. HICKEY, Appellee. DISTRICT OF COLUMBIA, a Municipal Corporation, Appellant, v. GREENWAY, INC., Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided April 14, 1959.

Attorney(s) appearing for the Case

Hubert B. Pair, Asst. Corp. Counsel, Washington, D. C., with whom Chester H. Gray, Corp. Counsel, and Milton D. Korman, Principal Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellant in No. 2251 and No. 2319.

John F. Mahoney, Jr., Washington, D. C., with whom Charles E. Pledger, Jr., Washington, D. C., was on the brief, for appellant in No. 2252 and for appellee Kenny Const. Co. in No. 2251.

Rex K. Nelson, Washington, D. C., with whom Eugene X. Murphy, Washington, D. C., was on the brief, for appellee Hickey in No. 2251 and No. 2252.

Denver H. Graham, Washington, D. C., with whom Laurence T. Scott, Washington, D. C., was on the brief, for appellee Greenway, Inc., in No. 2319.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

The District of Columbia engaged Kenny Construction Company to do certain construction work which required construction of a temporary board sidewalk. This boardwalk was in close proximity to an apartment building owned by Greenway, Inc., and managed by Cafritz Company. Appurtenant to the building was a window well covered by a grating of iron bars. This window well extended into public space owned by the District. Mrs. Hickey, the appellee...

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