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MORGAN v. GARRIS

No. 16247.

307 F.2d 179 (1962)

Mark W. MORGAN, an infant, by Herbert N. Morgan, his father and next friend, Appellant, v. James E. GARRIS and Newcomb-Jones Realty, Inc., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 31, 1962.

Attorney(s) appearing for the Case

Mr. Daniel I. Sherry, Washington, D. C., with whom Mr. Albert T. Hamlin, Washington, D. C., was on the brief, for appellant.

Mr. Frank J. Martell, Washington, D. C., with whom Messrs. Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellees.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN, BURGER and WRIGHT, Circuit Judges, sitting in banc.

EDGERTON, Circuit Judge.

The appellant, a child not quite three years old, fell off the back stairs of his rented home into an areaway and was injured. The appellees are the owner of the house and the owner's rental agent. The suit charges them with negligence in failing to install a proper protecting rail. Depositions showed that the only protection was a single pipe handrail and that the child's mother had complained to the agent. The Municipal Court entered summary...

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