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JOHNS v. COTTOM

Nos. 5744, 5747.

284 A.2d 50 (1971)

William G. JOHNS, t/a Washington Casket Service, Appellant, v. Edward L. COTTOM, Appellee. The McGUIRE FUNERAL SERVICE, INCORPORATED, a corporation, Appellant, v. Edward L. COTTOM, Appellee.

District of Columbia Court of Appeals.

Decided November 30, 1971.

Attorney(s) appearing for the Case

James D. Newton, Silver Spring, Md., for appellant Johns.

John J. O'Neill, Jr., Washington, D. C., for appellant McGuire Funeral Service. James C. Gregg, Washington, D. C., also entered an appearance for McGuire Funeral Service.

Leonard Z. Bulman, Washington, D. C., with whom Milton A. Kallis, Washington, D. C., was on the brief, for appellee.

Before FICKLING, GALLAGHER and YEAGLEY, Associate Judges.

GALLAGHER, Associate Judge.

On June 26, 1963, appellee (Cottom) was a pallbearer at a funeral conducted by the McGuire Funeral Service (McGuire). The casket in which the deceased was placed had been purchased by McGuire from William G. Johns, a wholesaler (t/a Washington Casket Service). As the casket was carried toward the church with appellee occupying the right rearmost position, the handle on the side opposite him broke loose causing the casket to fall and injure...

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