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PYLE v. LEE

[No. 253, September Term, 1967.]

250 Md. 315 (1968)

242 A.2d 498

PYLE v. LEE

Court of Appeals of Maryland.

Decided June 7, 1968.

Attorney(s) appearing for the Case

Paul Berman, with whom were Bayard Z. Hochberg, A. Freeborn Brown and T. Carroll Brown on the brief, for appellant.

William M. Nickerson for appellee.

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

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

The source of the issue here presented is Code, Art. 66 1/2, § 217 (b) (1967 Repl. Vol.). Since the statute is controlling, contends the appellant (Miss Pyle), the trial judge should have declared the appellee (Lee) negligent as a matter of law or, alternatively, he should have submitted to the jury her "Request for Instruction No. 21" which reads as follows:

"The Court instructs the jury that at the...

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