HICKS v. HITAFFER

[No. 236, September Term, 1969.]

256 Md. 659 (1970)

261 A.2d 769

HICKS, ET AL. v. HITAFFER, ET AL.

Court of Appeals of Maryland.

Decided February 6, 1970.


Attorney(s) appearing for the Case

William H. Clarke for appellants.

John A. Buchanan, with whom were Lansdale G. Sasscer, Jr. and Sasscer, Clagett, Powers & Channing and Melvin L. Schneider on the brief, for Frank M. Hitaffer, one of appellees. Thomas L. Samuel, with whom were H. Russell Smouse and Clapp, Somerville, Black & Honemann on the brief, for The Baltimore and Ohio Railroad Company, another appellee. Albert T. Blackwell, Jr., with whom were Couch, Blackwell & Miller on the brief, for S.B. Pruitt, another appellee. Joseph B. Simpson, Jr., with whom were Vivian V. Simpson, H. Algire McFaul, William T. Wood, Joseph J. D'Erasmo and Simpson & Simpson on the brief, for Jerry Wolman Construction Company, other appellee.

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


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

Here we have an attempt to recover on behalf of a nine-year-old boy who lost the sight of one eye as a result of the explosion of a .22 caliber blank cartridge. The brief filed on his behalf says that he and other boys threw rocks at the cartridges and when this "child's explosive would not go off he took it near his home and hit it with a hammer. It then went off * * *." Suit was brought on behalf of the boy, Herbert...

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