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STATE v. GOSNELL

[No. 110, October Term, 1950.]

197 Md. 381 (1951)

79 A.2d 530

STATE, USE OF FRIZZELL, ET AL. v. GOSNELL ET AL. (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided March 16, 1951.

Attorney(s) appearing for the Case

Ralph G. Hoffman with whom was Walter R. Haile on the brief, for the appellants.

Talbot W. Banks, with whom were Theodore F. Brown and Clark, Thomsen & Smith on the brief, for Carroll R. Gosnell.

Wylie L. Ritchey, with whom was John Wood on the brief, for Edward Cook.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

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

On September 3, 1949, at about 7:45 or 8:00 P.M., William B. Frizzell was driving his 1937 Plymouth sedan north on Gamber Road (Route No. 91) an unfavored highway. With him at the time were George Bosse, on the front seat, John Robert Grego, who was directly behind him in the rear seat, and sitting next to Grego was George Koermer. They came to U.S. Route No. 140, which was a duly marked and established boulevard

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