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BLANKENSHIP v. WAGNER

[No. 281, September Term, 1970.]

261 Md. 37 (1971)

273 A.2d 412

BLANKENSHIP v. WAGNER ET UX.

Court of Appeals of Maryland.

Decided February 9, 1971.

Attorney(s) appearing for the Case

Thomas F. Santer, with whom were Ashcraft & Gerel on the brief, for appellant.

Albert D. Brault, with whom were Brault, Scott & Brault on the brief, for appellees.

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

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

"The difficulties arising from the barrel of flour which rolled out of a warehouse window in 1863 and into the lives of tort lawyers,"1 compounded by Baron Pollock's casual statement ("res ipsa loquitur") during argument of the case Byrne v. Boadle, 159 Eng. Rep. 299 (1863) are still with us today.

In the case sub judice

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