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BENJAMIN v. CITY OF BALTIMORE

[No. 79, October Term, 1956.]

211 Md. 541 (1957)

128 A.2d 265

BENJAMIN ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE

Court of Appeals of Maryland.

Decided January 9, 1957.

Attorney(s) appearing for the Case

Richard C. Murray, for appellant.

Paul A. Dorf, Assistant City Solicitor of Baltimore, with whom was Thomas N. Biddison, City Solicitor, on the brief, for appellee.

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

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

This is an appeal from a judgment N.O.V. in favor of the appellee, Mayor and City Council of Baltimore, in a suit for injuries caused by stepping into a hole in the street.

The appellant, Theodore Benjamin, the only witness, testified that at the time of the accident on October 26, 1951, he was employed by the H. Lee Hoffman Advertising Company at Charles and 22nd Streets in Baltimore. His duties were to clean...

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