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EYLER v. ADOLPH BEAUTY SYSTEM

[No. 234, September Term, 1964.]

238 Md. 227 (1965)

208 A.2d 609

EYLER v. ADOLPH BEAUTY SYSTEM, INC., ET AL.

Court of Appeals of Maryland.

Decided April 1, 1965.

Attorney(s) appearing for the Case

John J. Bishop, Jr., with whom was Paul F. Harris, on the brief for appellant.

David L. Bowers for appellee Cweiber and by Matthew Swerdloff for appellee Adolph.

The cause was argued before HAMMOND, HORNEY, SYBERT, OPPENHEIMER and BARNES, JJ.

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

"A party cannot walk upon an obstruction which has been made by the fault of another and avail himself of it, if he did not himself use common and ordinary caution." Sugar v. Traub, 233 Md. 320, 323, quoting Sutton v. Baltimore, 214 Md. 581, 584.

Judge Menchine felt the appellant to be in the position of the party in the quotation...

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