Sudie Phipps Merriam v. Anacostia National Bank, a Corporation, and Joseph F. Nebel, T/a Joseph F. Nebel Company

BURGER, Circuit Judge.

Appellant’s complaint alleged personal injury sustained from a fall on a defective sidewalk adjacent to the appellee bank’s property on which a new building was being erected by appellee Nebel as general contractor. It charged appellees with creating a dangerous condition against which no warning or notice was given. The dangerous condition of the sidewalk is alleged to have been created by trucks of the excavating subcontractor (a Maryland company not party to this action) which used the sidewalk as a driveway, thus causing the break-up of the concrete surface. There…