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RACINE v. WHEELER

[No. 535, September Term, 1965.]

245 Md. 139 (1967)

225 A.2d 444

RACINE ET AL. v. WHEELER

Court of Appeals of Maryland.

Decided January 9, 1967.

Attorney(s) appearing for the Case

William O. Goldstein, with whom were David Kimmelman and Harvey A. Blum on the brief, for appellants.

C. MacNair Speed and Frederick J. Green, Jr., with whom were Lord, Whip, Coughlan & Green on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, OPPENHEIMER, McWILLIAMS and FINAN, JJ.

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

Late on a sunny October afternoon in 1963 Racine1 was eastbound on Pulaski Highway (U.S. 40). About one-half mile beyond the boundary line between Baltimore City and Baltimore County he came to the crest of a hill from which, with the sun at his back, he could see across the valley to the next crest, a distance of several miles. About 600 to 700...

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