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McKey v. Fairbairn

United States Court of Appeals for the District of Columbia Circuit
345 F.2d 739 (D.C. Cir. 1965)


Facts

Littlejohn, represented by McKey (plaintiff) as administrix of her estate, sued her landlord, represented by Fairbairn (defendant) after she slipped and fell on her floor which had become wet due to a leaking roof. During the pretrial proceedings, the judge asked whether the allegation in the case was negligence, and Littlejohn’s counsel responded in the affirmative. During the trial, Littlejohn’s counsel moved to amend the pretrial order to allow him to introduce a section of the housing regulations requiring landlords to maintain roofs to prevent leaks. The judge denied the motion and directed a verdict for the landlord.

Rule of Law

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Issue

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Holding and Reasoning (Miller, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Fahy, J.)

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