RODRIGUEZ v. LYNCH

[No. 336, September Term, 1966.]

246 Md. 623 (1967)

229 A.2d 83

RODRIGUEZ, ET AL. v. LYNCH

Court of Appeals of Maryland.

Decided May 8, 1967.


Attorney(s) appearing for the Case

Karl G. Feissner, with whom were Alpern & Feissner on the brief, for appellants.

Craig S. Rice, with whom were Heeney, McAuliffe & McAuliffe on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES, McWILLIAMS and FINAN, JJ.


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

This case has a "man bites dog" air about it. The trial judge directed a verdict in favor of appellee (Lynch) at the conclusion of the plaintiff's case. From the ensuing judgment Rodriguez, a 9 year old native of Spanish Morocco, has appealed.

At 11:00 A.M., on 30 July 1964, Lynch was westbound on Elson Street in Carole Highlands. Rodriguez and another boy, on bicycles, were southbound on 16th Avenue. When...

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