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PIERCE v. CITY COUNCIL OF BALTIMORE

[No. 277, September Term, 1958.]

220 Md. 286 (1959)

151 A.2d 915

PIERCE v. MAYOR AND CITY COUNCIL OF BALTIMORE

Court of Appeals of Maryland.

Decided June 10, 1959.

Attorney(s) appearing for the Case

Henry J. Frankel, for appellant.

Jerome A. Dashner, Assistant City Solicitor, with whom were Hugo A. Ricciuti, City Solicitor, and F. Clifford Hane, Deputy City Solicitor, on the brief, for appellee.

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

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

Charles Pierce, the tort plaintiff, aggrieved when the trial court took from him the potential fruits of the jury's verdict against the Mayor and City Council of Baltimore, by granting a judgment notwithstanding the verdict on the ground of contributory negligence, appeals to us to reinstate the verdict.

One night near the end of October, 1957, on the way to cut the grass at the home of his shop foreman (he...

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