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McCARTHY v. DISTRICT OF COLUMBIA

No. 2691.

168 A.2d 910 (1961)

Mae McCARTHY, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Dennis Collins, Washington, D. C., with whom Harry A. Finney, Washington, D. C., was on the brief, for appellant.

Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., with whom Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellee.

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

CAYTON, Acting Judge.

Appellant's property was flooded by rainwater. She sued the District of Columbia charging that it was negligent in failing to keep a watercourse and drain opening next to her property free from leaves, twigs and other debris, and that there was a clogging which caused the water to back up and flow into the basement of her property. Her evidence was that the condition had continued for several years and that although the District knew about it...

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