SMITH v. ARBAUGH'S RESTAURANT, INC.

No. 23748.

469 F.2d 97 (1972)

Ralph D. SMITH and Thelma Smith, Appellants, v. ARBAUGH'S RESTAURANT, INC., a body corporate.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1972.

Rehearing Denied January 5, 1973.


Attorney(s) appearing for the Case

Mr. Harry W. Goldberg, Washington, D. C., with whom Messrs. Max M. Goldberg and Morris Altman, Washington, D. C., were on the brief, for appellants.

Mr. Edward C. Donahue, Rockville, Md., with whom Mr. E. Gwinn Miller, Rockville, Md., was on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and LEVENTHAL, Circuit Judges.


BAZELON, Chief Judge:

This is an appeal from a jury verdict for the appellee after trial on appellant Smith's claim that Arbaugh's negligently maintained a set of greasy metal stairs on which he fell and was injured. The relevant facts are not in dispute.

On March 4, 1966, the appellant Ralph Smith, a Health Inspector in the employment of the District of Columbia, was directed by his supervisor to inspect the barbecue kitchen in appellee's restaurant. A grease...

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