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PROCTOR v. DISTRICT OF COLUMBIA

No. 5411.

273 A.2d 656 (1971)

Iola A. PROCTOR, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided February 12, 1971.

Attorney(s) appearing for the Case

Roy M. Ellis, Washington, D. C., for appellant.

Ted D. Kuemmerling, Asst. Corporation Counsel, with whom C. Francis Murphy, Acting Corporation Counsel and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee. Hubert B. Pair, former Acting Corporation Counsel, also entered an appearance for appellee.

Before HOOD, Chief Judge, and NEBEKER and YEAGLEY, Associate Judges.

YEAGLEY, Associate Judge.

The court below granted appellee's motion for judgment notwithstanding the verdict after the jury had returned a verdict in favor of the appellant and had awarded her damages for negligence in the amount of $3,500.00. The appellant contends that the trial court erred when it entered the province of the jury and ruled as a matter of law that the irregularity in the brick sidewalk was so trivial and inconsequential

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