WAGNER v. DOEHRING

No. 63, September Term, 1988.

315 Md. 97 (1989)

553 A.2d 684

GEORGE O'NEILL WAGNER, ET AL. v. WILLIAM E. DOEHRING, PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM E. DOEHRING, JR., ET AL.

Court of Appeals of Maryland.

Motion for Reconsideration Denied April 7, 1989.


Attorney(s) appearing for the Case

Angus R. Everton (Charles N. Ketterman, Donahue, Ehrmantraut & Montedonico, Chartered, on brief), Baltimore, for petitioner.

Kevin J. McCarthy, Catherine Cronin, McCarthy, Bacon, Costello & Stephens, Landover, for amicus curiae Potomac Elec. Power Co.

Paul W. Davis, Baltimore, for amicus curiae Baltimore Gas & Elec. Co.

Louise A. Lock (Peter G. Angelos, Michael T. Ward, Law Offices of Peter G. Angelos, all on brief), Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, BLACKWELL, JJ., and CHARLES E. ORTH, Jr., Associate Judge for the Court of Appeals of Maryland (retired), Specially Assigned.


ADKINS, Judge.

William E. Doehring, Jr., died as a result of injuries sustained when the motorcycle he was operating struck a chain which was placed across a right-of-way by the holder of the right-of-way. The issue this Court must determine is the duty of care owed by the holder of the easement, or right-of-way, to one who enters the easement without authority from either the easement holder or the grantor of the easement.

Petitioners, George O'Neill Wagner...

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