MURPHY v. STUART M. SMITH, INC.

No. 723, September Term, 1982.

53 Md. App. 640 (1983)

455 A.2d 69

REGINALD J. MURPHY ET UX. v. STUART M. SMITH, INC.

Court of Special Appeals of Maryland.

Decided February 4, 1983.


Attorney(s) appearing for the Case

Thomas M. O'Malley, with whom were Gordon G. Ovington and Joseph D. Gallagher on the brief, for appellants.

William N. Zifchak, with whom were Sasscer, Clagett, Channing & Bucher on the brief, for appellee.

The cause was argued before MOYLAN, LOWE and ALPERT, JJ.


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

Reginald J. Murphy, the primary appellant in this case, is a route salesman for Tastykake, Inc. Daily, in the early morning hours, he drove his van to a facility maintained as a pickup point for distribution of Tastykake products, loaded his van according to his needs and distributed the bakery goods to retailers. The product was brought to the pickup point by appellee, Stuart M. Smith, Inc. (a common carrier), from its...

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