MAGALSKI v. MARYLAND CAS. CO.

No. 744, September Term, 1973.

21 Md. App. 136 (1974)

318 A.2d 843

ALFRED MAGALSKI v. MARYLAND CASUALTY COMPANY.

Court of Special Appeals of Maryland.

Decided April 25, 1974.


Attorney(s) appearing for the Case

Robert C. Verderaime, with whom were Verderaime & DuBois on the brief, for appellant.

Robert E. Powell, with whom were Smith, Somerville & Case on the brief, for appellee.

The cause was argued before ORTH, C.J., and MOORE, J., and HOWARD S. CHASANOW, Associate Judge of the District Court of Maryland for District 8, specially assigned.


ORTH, C.J., delivered the opinion of the Court.

I

Once again we are urged by an unhappy litigant to encroach on the legislative prerogative. Once again we decline to do so. Even in those instances where the result sought appears salutary, we are cautious not to enact legislation under the guise of judicial review of legislative acts, for in so doing the fundamental constitutional concept of the separation of powers is eroded. Fundamentally, the office of...

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