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BURKET v. ALDRIDGE, ADM'R

[No. 174, September Term, 1965.]

241 Md. 423 (1966)

216 A.2d 910

BURKET v. ALDRIDGE, ADM'R

Court of Appeals of Maryland.

Decided February 15, 1966.

Attorney(s) appearing for the Case

Samuel D. Hill, with whom were Buckmaster, White, Mindel & Clarke and Richard E. Zimmerman on the brief, for appellant.

James McSherry, with whom were McSherry & Burgee and Frederick J. Bower on the brief, for appellee.

The cause was argued before PRESCOTT, C.J., and HORNEY, MARBURY, OPPENHEIMER and BARNES, JJ.

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

On September 8, 1964, the appellant Charles Burket (Burket) filed a suit in the Circuit Court for Frederick County against William Thomas Smith, Jr. (Smith) alleging that Smith on September 11, 1961, through the negligent operation of an automobile, caused Burket serious personal injuries and property damage. The summons was returned "mortuus est", Smith having died on December 29, 1963. Neither Burket nor his attorneys...

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