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CASPER v. CHAS. F. SMITH & SON, INC.

Nos. 1217, 1218, September Term, 1986.

71 Md. App. 445 (1987)

526 A.2d 87

DANIELLE CASPER, AN INFANT, ETC. ET AL. v. CHAS. F. SMITH & SON, INC. ET AL. RACHEL KIRTSCHER, AN INFANT, ETC. ET AL. v. CHAS. F. SMITH & SON, INC. ET AL.

Court of Special Appeals of Maryland.

June 5, 1987.

Attorney(s) appearing for the Case

Phillips P. O'Shaughnessy (James M. Gabler, C. James Sfekas and Sandbower, Gabler & O'Shaughnessy, P.A. on the brief), Baltimore, for appellants.

William R. Phelan, Asst. City Solicitor (Benjamin L. Brown, City Solicitor on the brief), Baltimore, for appellee, Mayor and City Council of Baltimore.

Michael P. Chervenak (Francis J. Ford and Ford & O'Neill on the brief), Rockville, for appellee, Gabion Const., Inc.

Donald J. McCartney (Connie E. Williams and Smith, Somerville & Case on the brief), Baltimore, for appellee, Rummel, Klepper & Kahl.

Argued before ALPERT and ROSALYN B. BELL, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

ROSALYN B. BELL, Judge.

The wisdom contained in Demuth v. Old Town Bank of Baltimore, 85 Md. 315, 319-20, 37 A. 266 (1897), is worth repeating once again:

"This is a case of exceedingly great hardship, and we have diligently, but in vain, sought for some tenable ground upon which the appellants could be relieved from the loss that an affirmance of the decree appealed from will necessarily subject them to. But hard cases, it has often been said, almost...

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