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McCLEARN v. SOUTHEAST CONCRETE CO.

[No. 186, September Term, 1968.]

253 Md. 135 (1969)

251 A.2d 896

McCLEARN v. SOUTHEAST CONCRETE CO., INC., ET AL.

Court of Appeals of Maryland.

Decided April 7, 1969.

Attorney(s) appearing for the Case

Earl H. Davis for appellant.

Jerrold V. Powers, with whom were John A. Buchanan and Sasscer, Clagett, Powers & Channing on the brief, for appellees.

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

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

Appellant (McClearn) here appeals from the action of the Circuit Court for Prince George's County in granting motions of appellees, Southeast Concrete Co., Inc., and Thomas Penn (Penn), for a directed verdict. The motion was based on three grounds, (1) failure to prove primary negligence, (2) contributory negligence and (3) assumption of risk. We shall sustain the action of the trial court.

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