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FAULKNER v. CUMMINGS

[No. 249, September Term, 1969.]

256 Md. 552 (1970)

261 A.2d 468

FAULKNER, A MINOR, BY AND THROUGH MILDRED H. FAULKNER, HIS MOTHER AND NEXT FRIEND v. CUMMINGS

Court of Appeals of Maryland.

Decided February 3, 1970.

Attorney(s) appearing for the Case

George J. Goldsborough, Jr., with whom was Z.H. Stafford on the brief, for appellants.

Ernest M. Thompson, with whom was Dorothy H. Thompson on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ.

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

Two questions are presented to us in this appeal: (1) Whether or not the appellee, Priscilla Spencer Cummings (Priscilla or defendant) was guilty of primary negligence in the operation of her automobile on May 27, 1968, on Tilghman's Island, Talbot County and (2) Whether or not James A. Faulkner, Jr. (Jimmy), seven (almost eight) years of age when the accident happened, whose mother and next friend Mildred H. Faulkner...

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