Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)

Citation: Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Parent Document: Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Jurisdiction: DC (municipal)
Effective Date: 1970-09-08
Original Source: https://www.courtlistener.com/opinion/295292/sarah-b-kline-v-1500-massachuset... ↗

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Also, in my view the record is deficient on the matter of notice to the landlord of any assaults. The landlord had notice of some thefts (inaccurately sometimes referred to as robberies) but the record does not support any notice of any assault. A stipulation as to the offenses only went to the fact that they were committed in the building, not that the landlord had notice of all of them. He did admit notice of some of them but there is no proof that the landlord had notice of the assault committed in the building upon Leona Sullivan. This was the only prior assault committed on the premises. Proof of notice was central to appellant's case and the absence of proof of notice I consider to be fatal. I find no proof the appellee had actual notice of such fact. As for constructive notice, that could have been proved by showing the knowledge of some of the employees, which was not done. Clearly, knowledge of some offenses by appellant was not notice to appellee (App.54). Neither were requests for improved security.

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