WIGGINS v. STATE, USE OF COLLINS

[No. 213, September Term, 1962.]

232 Md. 228 (1963)

192 A.2d 515

WIGGINS ET UX, ET AL. v. STATE OF MARYLAND, USE OF COLLINS, ET AL. (Three Appeals In One Record)

Court of Appeals of Maryland.

Motions for rehearing and for modification of opinion, filed May 31, 1963.

June 4, 1963.

Rehearing denied July 11, 1963.


Attorney(s) appearing for the Case

Herbert F. Murray, with whom were Clater W. Smith, Robert E. Powell, and Smith, Somerville & Case on the brief, for David L. and Elsie H. Wiggins, part of appellants.

Eugene A. Alexander, III, with whom were Nevin E. Leese and Rome & Rome on the brief, for Irfan Kipman and Ilham N. Basay, part of appellants.

Submitted on brief by Richard H. James for Elsie S. Wiggins and David L. Wiggins, other appellants.

Francis J. Monahan, for State of Maryland, use of Hazel M. Collins, etc., part of appellees.

Thomas F. Comber, 3rd, with whom were Wm. Pepper Constable and Constable, Alexander & Daneker on the brief, for Constance Basay, other appellee.

The cause was argued before BRUNE, C.J., and PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.


Rehearing denied July 11, 1963, and opinion modified.

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

These consolidated cases arose out of an accident which occurred on the Baltimore-Washington expressway during a severe snowstorm in January of 1961. As a result of a rearend collision of a moving automobile with a standing automobile that had been stopped for the purpose of removing ice and snow from the windshield...

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