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FISHER v. SMALL

No. 2641.

166 A.2d 744 (1960)

Ruth A. FISHER, Appellant, v. Albert SMALL and Lillian H. Small, and Anna Efross and Sidney Efross, trading as Apex Decorating Co., Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided December 30, 1960.

Attorney(s) appearing for the Case

Julius W. Robertson, Washington, D. C., for appellant.

William E. Stewart, Jr., Washington, D. C. with whom William J. Donnelly, Jr., Richard W. Galiher, and Julian H. Reis, Washington, D. C., were on the brief, for appellees Small.

Charles E. Channing, Jr., Washington, D. C., for appellees Efross.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, retired) sitting by designation under Code § 11-776(b).

CAYTON, Acting Judge.

While walking on a public sidewalk appellant was struck by a piece of glass which fell from a window of a building owned by appellees Small. At the time appellees Efross were repairing and remodeling the premises for the owners. Appellant sued the owners and repairers, charging them with negligence.

In the first of two trials the jury returned a verdict of $28,000.1 Appellees claimed the verdict was excessive...

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