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GARNER v. RITZENBERG

No. 2659.

167 A.2d 353 (1961)

C. B. GARNER and Thelma Garner, Appellants, v. Abraham RITZENBERG, Milton Ritzenberg, Saul Ritzenberg, and Sidney Z. Mensh & Co., Inc., a body corporate, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided January 31, 1961.

Attorney(s) appearing for the Case

Norman H. Heller, Washington, D. C., with whom Morton Kudysh, Washington, D. C., was on the brief, for appellants.

Leonard C. Greenebaum, Washington, D. C., with whom Lewis Jacobs, Newton Frohlich and J. H. Reis, Washington, D. C., were on the brief, for appellees. Sidney S. Sachs, Washington, D. C., also entered an appearance for appellees.

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

CAYTON, Acting Judge.

Plaintiffs brought this suit to recover the value of personal property destroyed when their basement apartment became flooded after a heavy rain. At the close of their evidence the court directed a verdict for the landlords ruling that the intensity of the rain was an act of God creating conditions they could not have foreseen or obviated, thus absolving them of liability. Plaintiffs appeal.

The evidence was as follows. The wife testified...

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