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SMITH v. STATE ROADS COMM.

[No. 438, September Term, 1964.]

240 Md. 525 (1965)

214 A.2d 792

SMITH v. STATE ROADS COMMISSION AND STATE ACCIDENT FUND

Court of Appeals of Maryland.

Decided December 1, 1965.

Attorney(s) appearing for the Case

Charles L. Carter, Jr., with whom were O'Connor & Preston, Leroy W. Preston and Edwin F. Nikirk on the brief, for appellant.

Charles R. Goldsborough, Jr., Special Assistant Attorney, with whom were Thomas B. Finan, Attorney General, J. Howard Holzer, Special Assistant Attorney General and J. Raymond Buffington, Jr., Special Attorney, on the brief, for appellees.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY, OPPENHEIMER and McWILLIAMS, JJ.

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

On 17 September 1962, within a few minutes of 8:00 p.m., Joseph Leo Smith, an employee of the State Roads Commission, on his way home, drove his pickup truck off of Liberty Road and struck a telephone pole. He sustained injuries which caused his death. A post mortem examination was performed the following morning. In a specimen of blood taken from the heart there was present...

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