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WEISHAAR v. CANESTRALE

[No. 171, September Term, 1965.]

241 Md. 676 (1966)

217 A.2d 525

WEISHAAR ET AL. v. CANESTRALE ET AL. (Three Appeals in One Record)

Court of Appeals of Maryland.

Decided March 11, 1966.

Attorney(s) appearing for the Case

J. Louis Boublitz, with whom were Ernest V. Wachs and Ready, Boublitz & Broadwater on the brief, for the appellants.

K.J. Mackley, with whom were Charles F. Wagaman, Paul Ottinger and Wagaman, Wagaman, Meyers & Hauver on the brief, for the appellees.

The cause was argued before HAMMOND, HORNEY, OPPENHEIMER and McWILLIAMS, JJ., and RAINE, J., Associate Judge of the Third Judicial Circuit, specially assigned.

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

These appeals were spawned on a foggy morning in March, 1964. Kaczmarek, driving Canestrale's truck, which was loaded with kitchen cabinets destined for College Park,1 had reached a point on U.S. Route 40 A about 8 miles east of Hagerstown and some 1,000 feet from the summit of South Mountain, when the truck's engine, which earlier had evinced symptoms of malfunction, came to a complete...

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