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GINGELL, T/A ROCKVILLE CRANE RENTAL COMPANY v. BACKUS

[No. 168, September Term, 1966.]

246 Md. 83 (1967)

227 A.2d 349

GINGELL, T/A THE ROCKVILLE CRANE RENTAL COMPANY v. BACKUS, ET AL.

Court of Appeals of Maryland.

Decided March 21, 1967.

Attorney(s) appearing for the Case

Robert C. Heeney and William J. Rowan, III, with whom were Heeney, McAuliffe & McAuliffe on the brief, for appellant.

Edward B. Layne, Jr., with whom were McInerney, Latham & Layne on the brief, for James K. Backus, part of appellees; Francis J. Ford on the brief for National Union Fire Insurance Co., other appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, BARNES and FINAN, JJ.

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

On December 20, 1962, the plaintiff-appellee, James K. Backus, a 61-year old laborer, with a fourth-grade education, sustained severe injuries to his foot and ankle, while employed by Mr. William Seltzer on construction work in Montgomery County, Maryland. The injury occurred when a bucket of cement, which was being hoisted from the ground to one of the upper floors of the building under construction, fell from a crane...

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