ALESHIRE v. STATE

[No. 265, September Term, 1960.]

225 Md. 355 (1961)

170 A.2d 758

ALESHIRE ET AL. v. STATE, USE OF DEARSTONE ET AL.

Court of Appeals of Maryland.

Decided May 16, 1961.


Attorney(s) appearing for the Case

James F. Couch, Jr., with whom were Couch & Blackwell on the brief, for the appellants.

Jerrold V. Powers, with whom were Sasscer, Clagett & Powers on the brief, for the appellees.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and SYBERT, JJ.


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

The appellants, the defendants below, appeal from judgments in favor of the plaintiffs below. The appellants were the owner, Tester, and driver, Aleshire, of a truck hauling sand and gravel from the Contee Sand and Gravel Company. Plaintiffs' decedent was killed when sucked into a sand hopper, upon which he was walking, and from which Aleshire was attempting to obtain a load of sand.

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