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MAGGIO v. STATE, USE OF HOUSER

[No. 169, September Term, 1961.] [No. 197 — September Term, 1961.]

227 Md. 531 (1962)

177 A.2d 837

MAGGIO ET AL. v. STATE, USE OF HOUSER ET AL. MAGGIO, ADMINISTRATOR ET AL. v. STATE, USE OF SMITH ET AL. MAGGIO, ADMINISTRATOR ET AL. v. SCHOENEMAN ET AL. STATE, USE OF MAGGIO ET AL. v. HOPPERS ET AL.

Court of Appeals of Maryland.

Decided February 19, 1962.

Attorney(s) appearing for the Case

William E. Brannan and Foster H. Fanseen, with whom were Ginsberg & Ginsberg and Hyman Ginsberg on the brief, for Vincent E. Maggio, etc., et al., appellants.

William J. Pittler, with whom were Robert L. Sullivan, Jr., Sklar & Sullivan and Theodore S. Miller on the brief, for appellants State of Maryland, Use of Audrey D. Maggio, etc., et al.

Louis Salzman for State of Maryland, Use of Smith, etc., appellee.

John J. O'Connor, Jr., with whom were Leroy W. Preston and O'Connor & Preston on the brief, for State of Maryland, Use of Houser, etc., appellee.

J. Kemp Bartlett, III, with whom were Bartlett, Poe & Clagett, Kenneth S. Carmody and Carmody, Earnshaw & Hardwick on the brief, for Allen Curtis Schoeneman, appellee.

Phillips L. Goldsborough, III, with whom were M. King Hill, Jr., and Smith, Somerville & Case on the brief, for Thomas Hoppers, etc., and R.E. Houser, etc., appellees.

No brief and no appearance for Baltimore Gas & Electric Co., appellee.

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

In a three-vehicle accident, two men in one truck and one man in another were killed, all the vehicles were damaged, and a utility pole was broken off. There followed suits by the personal representatives and survivors of those who had died, and suits for property damage, each sufferer of damage generally suing the others he believed, or hoped, had caused the accident.

The jury found, on issues, that only one...

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