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DISTRICT OF COLUMBIA v. McNEILL

Nos. 18569, 18570.

344 F.2d 195 (1965)

DISTRICT OF COLUMBIA, Appellant, v. Robert H. McNEILL, Appellee. Robert H. McNEILL, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 18, 1965.

Attorney(s) appearing for the Case

Mr. Wesley E. McDonald, Washington, D. C., with whom Messrs. B. Austin Newton, Jr., and Thomas A. Farrell, Washington, D. C., were on the brief, for appellant in No. 18570 and appellee in No. 18569.

Mr. Ted. D. Kuemmerling, Asst. Corp. Counsel, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellant in No. 18569 and appellee in No. 18570.

Before DANAHER, WRIGHT and McGOWAN, Circuit Judges.

DANAHER, Circuit Judge.

McNeill on December 12, 1960 fell and was injured due, as he alleged, to the District's negligent failure to remove snow and ice from a crosswalk at 15th and H Streets in downtown Washington. The jury returned a verdict for the District.

No. 18569

On this appeal the District advances two claims that the District Court erred in refusing to direct a verdict in its favor. First, it is argued that the District was entitled...

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