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STATE OF MARYLAND v. O'BRIEN

Civ. No. 7927.

140 F.Supp. 306 (1956)

STATE OF MARYLAND, for the Use of Valerie Yvonne WEAVER, individually, and as Mother and next friend of Margaret Yvonne Weaver, Vernon Proctor Weaver, Jr., and James Stephen Weaver, minors, and State of Maryland, for the Use of Patricia Jewell Weaver, infant, by Dorothy Jewell Wickham, her Mother and next friend, Intervenor, v. John LeRoy O'BRIEN and Thomas F. Chaney.

United States District Court D. Maryland, Civil Division.

April 13, 1956.

Attorney(s) appearing for the Case

David I. Abse, Washington, D. C., and Jackson Brodsky, Bethesda, Md., for plaintiff.

Hal C. B. Clagett and Sasscer, Clagett & Powers, Upper Marlboro, Md., for intervenor.

Vance V. Vaughan, Brentwood, Md., and W. Hamilton Whiteford, Palmer R. Nickerson and Due, Nickerson, Whiteford & Taylor, Baltimore, Md., for defendant Chaney.

No counsel appeared for defendant O'Brien.

THOMSEN, Chief Judge.

On March 8, 1954, about 5:15 P.M., O'Brien, who had been drinking, drove Chaney's dump truck onto the wrong side of a busy highway, and ran head-on into Weaver's automobile, killing Weaver. In this action, brought on behalf of Weaver's wife and children, Chaney moved for a directed verdict on the ground that O'Brien had departed from the course of his employment by Chaney and was on a frolic of his own at the time of the accident. I reserved...

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