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WASSERMAN v. HUTZLER CO.

[No. 170, September Term, 1958.]

219 Md. 310 (1959)

149 A.2d 1

WASSERMAN ET AL. v. HUTZLER BROTHERS COMPANY

Court of Appeals of Maryland.

Decided March 17, 1959.

Attorney(s) appearing for the Case

Harold Buchman, with whom were Morton Guth and Lawrence B. Coshnear on the brief, for appellants.

Melvin J. Sykes and Emanuel H. Horn, with whom were Harvey M. Lebowitz and Dickerson, Nice & Sokol on the brief, for appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and DIGGES, Associate Judge of the Seventh Judicial Circuit, specially assigned.

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

Four and one-half year old Debra Wasserman was painfully injured when a thirty-eight pound fire extinguisher came in contact with and fractured the great toe on her right foot. The accident occurred while her mother was shopping in the downtown department store of Hutzler Brothers Company.

Two actions were joined in one declaration filed in the Superior Court of Baltimore...

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