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CUNNINGHAM v. BALTIMORE & O.R.R.

No. 601, September Term, 1974.

25 Md. App. 253 (1975)

334 A.2d 120

WALTER D. CUNNINGHAM v. THE BALTIMORE AND OHIO RAILROAD COMPANY.

Court of Special Appeals of Maryland.

Decided March 17, 1975.

Attorney(s) appearing for the Case

W. Kennedy Boone, III, with whom were Wachs, Kreykenbohm & Boone on the brief, for appellant.

Daniel W. Moylan and William P. Nairn, with whom were Byron, Moylan & Urner on the brief, for appellee.

The cause was argued before MORTON, THOMPSON and POWERS, JJ.

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

Walter D. Cunningham, appellant/plaintiff, sued The Baltimore and Ohio Railroad Company, appellee/defendant, for damages sustained when his car ran into appellee's train on March 13, 1972 in Martinsburg, West Virginia. Appellant filed a notice of his intent to rely on the statutes and common law of West Virginia pursuant to Md. Code, Art. 35, §§ 47-50. Judge Irvine I. Rutledge sustained a demurrer to the...

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