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CONRAD v. CITY OF TAKOMA PARK

[No. 35, October Term, 1955.]

208 Md. 363 (1955)

118 A.2d 497

CONRAD ET AL. v. CITY OF TAKOMA PARK ET AL.

Court of Appeals of Maryland.

Decided December 2, 1955.

Attorney(s) appearing for the Case

John R. Reeves for the appellants.

Vincent L. Gingerich for the City of Takoma Park.

B. Houston McCeney, with whom was Nicholas Orem, Jr., on the brief, for the Washington Suburban Sanitary Commission.

Jerrold V. Powers, with whom were Lansdale G. Sasscer and Sasscer, Clagett & Powers on the brief, for Pasquale M. Marinelli.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

HENDERSON, J., delivered the opinion of the Court.

This appeal is from a judgment for the appellees, entered after the trial court sustained demurrers to an amended declaration without leave to amend. The declaration first set out the general duty of the city and the Sanitary Commission, and their contractors and agents, to keep the streets and installations therein reasonably safe for the use of the public, and to exercise due care in the excavation of any openings...

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