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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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. Appellee testified that when she purchased the fan in the summer of 1965, she had it delivered to the premises. She thought that the fan was then installed by the boy friends of the English girl tenants. She further testified that “I did not to my recollection, arrange for installation [in 1965]. I can’t remember.” Subsequently she testified that her maintenance man, Bill Wollridge, “may have installed [the fan] in 1965.” It is evident, however, from the context of the questions and answers surrounding this testimony that the appellee did not intend to contradict herself by this latter testimony, and that she was actually referring to the summer of 1966 as the time when Wollridge “may” have installed the fan. The jury would have been justified in inferring that this was the import of her testimony from the context of the examination. Additionally, in response to a later question on re-direct examination, she testified that the fan was reinstalled again in 1967 and the screen was put in front of it by “Mr. Wollridge, I imagine.” 8