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STATE OF MARYLAND v. BALTIMORE TRANSIT COMPANY

No. 8941.

329 F.2d 738 (1964)

STATE OF MARYLAND for the Use of Gloria S. GEILS, surviving widow, and Roswell W. Geils, 3rd, Leslie Ann Geils, Mary E. Geils, Susan M. Geils, Andrew S. Geils and Sarah Geils, surviving infant children of Roswell W. Geils, Jr., deceased, and Gloria S. Geils, administratrix of the Estate of Roswell W. Geils, Jr., deceased, Appellants, v. BALTIMORE TRANSIT COMPANY, a body corporate, and Gerald M. Harrison, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 9, 1964.

Attorney(s) appearing for the Case

Paul Berman, Baltimore, Md., for appellants.

Patrick A. O'Doherty and Frank X. Gallagher, Baltimore, Md., for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The plaintiffs' intestate was killed at a street corner in the city of Baltimore when struck by a bus owned by the defendant Transit Company and driven by the individual defendant. Judgment was entered for the defendants upon a general verdict. Plaintiffs allege that the court erred in charging the jury as follows:

"I instruct you that ordinarily, a decedent is presumed to have exercised

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