STATE v. SHERMAN

[No. 124, September Term, 1963.]

234 Md. 179 (1964)

198 A.2d 71

STATE, USE OF ODHAM, ETC., ET AL. v. SHERMAN, ET AL.

Court of Appeals of Maryland.

Decided March 12, 1964.


Attorney(s) appearing for the Case

Argued by LeRoy W. Preston and David K. Ebersole, Jr., with whom were O'Connor & Preston on the brief, for appellants.

Reargued by LeRoy W. Preston for appellants.

Argued by Foster H. Fanseen and Milton I. Vogelhut for appellees.

Reargued by Milton I. Vogelhut for appellees.

The cause was reargued on 12/2/63 before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT, MARBURY, SYBERT, JJ., and GRAY, J., Chief Judge of the Seventh Judicial Circuit, specially assigned.


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

This appeal is from a judgment entered upon motion under Rule 502 for the determination of an issue of law prior to trial. In effect, the trial court held that a viable child born dead was not a "person" under Code (1957), Art. 67, secs. 1 and 4 (still known as Lord Campbell's Act), or under Code (1957), Art. 93, secs. 18 and 112, authorizing actions by administrators.

The applicable statutes provide as follows...

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