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HARLEYSVILLE MUTUAL CASUALTY COMPANY v. HARRIS & BROOKS, INC.

[No. 681, September Term, 1966.]

248 Md. 148 (1967)

235 A.2d 556

HARLEYSVILLE MUTUAL CASUALTY COMPANY v. HARRIS & BROOKS, INC.

Court of Appeals of Maryland.

Decided December 5, 1967.

Attorney(s) appearing for the Case

William A. Ehrmantraut, with whom were Donahue, Ehrmantraut, Mitchell & Gleason, on the brief, for appellant.

Barry Zaslav, with whom were Leonard S. Blondes and Stanley R. Jacobs on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN and SINGLEY, JJ.

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

Harris & Brooks, Inc. (Harris), the plaintiff below and appellee here, is a corporation engaged in the business of excavating, clearing and grading land. In September, 1961, Harris entered into a contract to "clear, burn and smooth up" a wooded tract of some 15 acres at Aspen Hill Road and Georgia Avenue in Montgomery County.

Gillis, an employee of Harris, testified that on Saturday, September 2, he operated...

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