Mckey v. Fairbairn

345 F.2d 739 (D.C. Cir. 1965)

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Nature of the Case

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Facts

Fairbairn (D), acting as the agent of Haynes, rented a dwelling house to McKey (P) on a month to month basis. A leak was discovered, and D agreed to eliminate the cause of the leak. Before D could act the room leaked again and Mrs. Littlejohn, P's mother in law, mopped up some of it but slipped and fell and sustained injuries. Littlejohn sued for damages, and at trial, her counsel agreed with the trial judge's assessment of the case as one in negligence. Thereafter and during trial, counsel moved to amend the complaint and pretrial order to include citations to certain allegedly relevant housing regulations, but the judge denied the motion and directed a verdict for D. P appealed. Note: Littlejohn died from causes unrelated to the accident and P took over the suit as administratrix.