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BRODER v. DISTRICT OF COLUMBIA

No. 3022.

184 A.2d 741 (1962)

Frances BRODER, Appellant, v. DISTRICT OF COLUMBIA, a municipal corporation, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 10, 1962.

Attorney(s) appearing for the Case

John E. Kennahan, New York City, with whom Joseph D. Bulman, Sidney M. Goldstein, and Arthur S. Feld, Washington, D. C., were on the brief, for appellant.

John R. Hess, Asst. Corp. Counsel, with whom Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

MYERS, Associate Judge.

This is an appeal from a summary judgment granted at pretrial to the defendant municipality upon a complaint filed by appellant, a pedestrian for damages resulting from a fall while crossing a grass plot between the street curbing and side-walk.

The complaint charges that the District violated its duty to maintain this area in a reasonably safe condition for pedestrian safety "in that the roots of the tree located in the grass plot...

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