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MAGGITTI v. CLOVERLAND FARMS DAIRY

[No. 53, October Term, 1952.]

201 Md. 528 (1953)

95 A.2d 81

MAGGITTI v. CLOVERLAND FARMS DAIRY, INC.

Court of Appeals of Maryland.

Decided March 11, 1953.

Attorney(s) appearing for the Case

Max R. Israelson, with whom was Joseph I. Pines on the brief, for the appellant.

Max Sokol, with whom were Edwin T. Dickerson, Deeley K. Nice, Melvin J. Sykes, and Dickerson, Nice & Sokol, on the brief, for the appellee.

The cause was argued before SOBELOFF, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

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

This appeal is from a judgment in favor of the defendant for costs entered after the court had sustained a demurrer to an amended declaration without leave to amend. The declaration alleged that the infant plaintiff, 6 years old, playing near his home, attempted to cross Pratt Street "at or near its intersection with Fagley Street * * * when an automobile owned and operated by the defendant, Nicholas John Rescigno...

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