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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970)

Citation
John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970)
Parent Document
John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970)
Jurisdiction
DC (municipal)
Effective Date
1970-10-15

Other Sections in This Document (88)

Full Text

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as establishing the landlord’s duty to use reasonable care to maintain the premises in a safe condition. The trial court, however, held that the D.C. Housing Code could not be relied upon as establishing a duty in these particular circumstances and that the ambit of appellee’s common law duty was limited to the question of whether the appellee retained sufficient control over the premises to obligate her to take steps to ensure that the window screen was in place in front of the fan at all times. Finding that, inasmuch as the tenants were in possession and control of the entire house, including the window screen and fan, it would be an unreasonable burden to require the landlord constantly to check to see that the screen had not been removed, the District Court ruled that as a matter of law no duty rested upon appellee with respect to the fan.