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BEST v. DIST. OF COLUMBIA

No. 477.

291 U.S. 411 (1934)

54 S.Ct. 487

78 L.Ed. 882

BEST, ADMINISTRATOR, v. DISTRICT OF COLUMBIA.

Supreme Court of United States.

Decided March 5, 1934.

Attorney(s) appearing for the Case

Mr. John H. Burnett, with whom Messrs. James A. O'Shea and Alfred Goldstein were on the brief, for petitioner.

Mr. Robert E. Lynch, Assistant Corporation Counsel, District of Columbia, with whom Mr. William W. Bride, Corporation Counsel, was on the brief, for respondent.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

Petitioner's intestate, a child five years of age, while playing on a wharf belonging to the District of Columbia, fell through a hole in the wharf and was drowned. This action was for damages for the alleged negligence of the District. After a jury had been impaneled, an opening statement was made by plaintiff's counsel and thereupon the court, on motion of the...

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