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HABELSON v. KALUS

[No. 270, September Term, 1957.]

217 Md. 88 (1958)

141 A.2d 521

HABELSON ET UX. v. KALUS ET AL.

Court of Appeals of Maryland.

Decided May 21, 1958.

Attorney(s) appearing for the Case

H. Ross Black, Jr., and Nevin E. Leese, with whom were Rome & Rome on the brief, for appellants.

Eugene A. Alexander, III, with whom was Walter V. Harrison on the brief, for appellees, B.J. Kalus, Morton E. Kalus and Park Regent Company.

Submitted on brief by Max R. Israelson and Smalkin, Hessian, Martin & Taylor for appellee, Daisy Jeter.

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

PER CURIAM:

The question in this case is whether the owners of real estate adjacent to a public highway are liable to users of the highway who were injured or suffered loss from the negligence of an independent contractor in removing a large piece of tree trunk from the real estate. The trial court directed a verdict in favor of the owner-defendants; and the highway users, including the owner of the car (who was not in it) and a passenger, appeal.

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