COTHAM AND MALDONADO v. BOARD OF COUNTY COMMISSIONERS

[No. 15, September Term, 1970.] [No. 266, September Term, 1970.]

260 Md. 556 (1971)

273 A.2d 115

COTHAM v. BOARD OF COUNTY COMMISSIONERS FOR PRINCE GEORGE'S COUNTY, MARYLAND MALDONADO v. BOARD OF COUNTY COMMISSIONERS FOR PRINCE GEORGE'S COUNTY, MARYLAND

Court of Appeals of Maryland.

Motion for rehearing filed March 2, 1971.

Denied March 3, 1971.


Attorney(s) appearing for the Case

William L. Kaplan, with whom were Karl G. Feissner, Thomas P. Smith, Fred R. Joseph, Andrew E. Greenwald and Feissner, Kaplan & Smith on the brief, for appellant Durley Cotham.

Joseph Montedonico, with whom were Edward C. Donahue, William A. Ehrmantraut and James P. Gleason on the brief, for appellant Benjamin Maldonado, Jr.

James P. Salmon, with whom were Jerrold V. Powers and Sasscer, Clagett, Powers & Channing on the brief in No. 15 and Sasscer, Clagett, Channing & Bucher on the brief in No. 266, for appellee.

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


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

We are here called upon to decide the proper interpretation of what is now Code (1970 Cum. Supp.), Art. 57, § 18 relative to the notice required of claims against certain counties in a situation where the plaintiff's declaration does not recite giving the notice within the statutory period, but says "upon discovery of the negligence of the Defendants [she] gave timely notice...

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