CLUSTER v. COLE

No. 505, September Term, 1973.

21 Md. App. 242 (1974)

319 A.2d 320

WILLIAM C. CLUSTER AND PHYLLIS I. CLUSTER, ETC. ET AL. v. EDITH MAE COLE.

Court of Special Appeals of Maryland.

Decided May 20, 1974.


Attorney(s) appearing for the Case

Samuel Blibaum, with whom was Gerald N. Klauber on the brief, for appellants.

James K. Carmody, with whom were Serio, Hopper & Carmody on the brief, for appellee.

The cause was argued before ORTH, C.J., and MORTON and GILBERT, JJ.


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

This is an appeal from a judgment n.o.v. granted by the presiding judge in the Circuit Court for Anne Arundel County after the jury was unable to reach a verdict. Appellants contend that the trial court erred in admitting into evidence a so-called res gestae statement of an unidentified witness and in finding that their deceased daughter was guilty of contributory negligence.

This suit for damages due...

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