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DUDLEY v. MEADOWBROOK, INC.

No. 2669.

166 A.2d 743 (1961)

Tilford E. DUDLEY, Appellant, v. MEADOWBROOK, INC., a corporation and Katherine C. Herring Rutherford and Clyde L. Herring, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided January 11, 1961.

Rehearing Denied February 1, 1961.

Attorney(s) appearing for the Case

Lola Boswell, Washington, D. C., for appellant.

James C. Gregg, Washington, D. C., with whom Hugh Lynch, Jr., and Charles E. Channing, Jr., Washington, D. C., were on the brief, for appellees.

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

CAYTON, Acting Judge.

A large tree on defendants' property fell across an alley and onto plaintiff's premises, damaging his garage and other property Plaintiff sued for his damages and at the end of his case the trial court found for defendants, ruling that it was unnecessary for them to put on any answering evidence. The question on this appeal is whether that ruling was proper.

Plaintiff's evidence was that the tree fell at a time when no strong wind was...

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