HONOLULU LTD. v. CAIN

[No. 245, September Term, 1966.]

244 Md. 590 (1966)

224 A.2d 433

HONOLULU LIMITED v. CAIN, ET VIR

Court of Appeals of Maryland.

Decided December 8, 1966.


Attorney(s) appearing for the Case

Phillips L. Goldsborough, III, (on both arguments), with whom were Robert E. Cadigan and Smith, Somerville & Case on the brief, for appellant.

Richard A. Reid (on both arguments), with whom were John E. Ensor and Royston, Mueller, Thomas & McLean on the brief, for appellees.

The cause was argued on 10/11/66 before HAMMOND, C.J., and MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ., and reargued on 11/7/66 before HAMMOND, C.J., and HORNEY, MARBURY, OPPENHEIMER, BARNES, McWILLIAMS and FINAN, JJ.


BARNES, J., delivered the majority opinion of the Court. MARBURY, HORNEY and McWILLIAMS, JJ., dissent. Dissenting opinion by MARBURY, J., at page 600, infra.

On February 27, 1964, 66 year old Margaret Cain, one of the appellees and one of the plaintiffs below, was driven by her daughter-in-law Clara to the Hillendale Shopping Center in Baltimore County. The shopping center is owned by the defendant-appellant Honolulu Limited. The women arrived at Hillendale...

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