BOYD, ADM'R v. SIMPLER

[No. 164, September Term, 1959.]

222 Md. 126 (1960)

158 A.2d 666

BOYD, ADMINISTRATOR, ET AL. v. SIMPLER

Court of Appeals of Maryland.

Dissenting opinion filed March 23, 1960.


Attorney(s) appearing for the Case

K. Thomas Everngam and William H. Adkins, II, for the appellants.

F. Gray Goudy, with whom was Herbert Burgunder, Jr., on the brief, for the appellee.

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


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

After submitting the questions of primary negligence of the defendant and contributory negligence of the plaintiffs' decedent to the jury and the rendition by the jury of verdicts in favor of the plaintiffs, the learned trial judge granted motions by the defendant for judgments n.o.v., on the ground that the plaintiffs' decedent had been guilty of contributory negligence as a matter of law. There are two actions...

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