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SCHUTZ, JR. v. BREEBACK

[No. 216, September Term, 1961.]

228 Md. 179 (1962)

178 A.2d 889

SCHUTZ, JR. v. BREEBACK, TO OWN USE AND USE OF STATE ACCIDENT FUND

Court of Appeals of Maryland.

Decided March 21, 1962.

Attorney(s) appearing for the Case

Paul F. Due for appellant.

Douglas G. Bottom, with whom was Gerard V. Caldwell on the brief, for appellee Breeback.

Thomas B. Finan, Attorney General, J. Howard Holzer and Philip T. McCusker, Special Attorneys, on the brief, for the State Accident Fund.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and MARBURY, JJ.

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

Herman A. Breeback, an employee of the State Roads Commission, was struck by an automobile and injured while working on Belair Road at about 9:30 A.M. in a drizzling rain. He had been brought to the place of the accident in a State Roads' truck, which parked in the south-bound lane next to the shoulder. Belair Road is a four-lane highway, with two lanes, twelve feet wide,...

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