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HARRIS v. H. G. SMITHY CO.

No. 22833.

429 F.2d 744 (1970)

Leona HARRIS, Appellant, v. H. G. SMITHY CO., Inc., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1970.

Attorney(s) appearing for the Case

Mr. Ernest C. Dickson, Washington, D. C., for appellant.

Mr. Jerome S. Berg, Washington, D. C., for appellees. Mr. Lawrence E. Carr, Jr., Washington, D. C., was on the brief for appellees.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge and JAMESON, Senior District Judge.

BAZELON, Chief Judge.

This is an appeal from a judgment dismissing an action for personal injuries. Appellant is a tenant in an apartment building owned and managed by appellees. She was injured by slipping and falling on the terrazzo floor of the apartment house lobby on a rainy day. The trial court, sitting without a jury, concluded that the landlord had neither actual nor constructive notice of the wet and slippery condition of the floor, and hence had no duty...

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