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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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That these tenants may have been negligent themselves in failing to take proper precautions and in relying on the landlord to assure the safe condition of the window fan should not, in these circumstances, exculpate appellee from all responsibility. Rather, the jury should have been allowed to decide whether, in light of all the facts, including those which the appellee might have presented, a failure to use reasonable care existed. Reversed and remanded for a new trial. 1