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PETERSON v. UNDERWOOD

[No. 340, September Term, 1969.]

258 Md. 9 (1970)

264 A.2d 851

PETERSON v. UNDERWOOD, SURVIVING MOTHER OF JOHN A. ROSENBALM, INFANT UNDERWOOD, SURVIVING MOTHER OF JOHN A. ROSENBALM, INFANT v. PETERSON

Court of Appeals of Maryland.

Decided May 6, 1970.

Attorney(s) appearing for the Case

Louis G. Close, Jr., with whom were Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for Christine M. Peterson, appellant.

Samuel D. Hill, with whom were George W. White, Jr., and Buckmaster, White, Mindel & Clarke on the brief, for Virginia Underwood, surviving mother of John A. Rosenbalm, infant; and Delverne A. Dressel, with whom was Emanuel H. Horn on the brief, for Norman Peterson, appellee.

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

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

In 1959 a masonry wall was built along the rear boundary of 121 North Duncan Street in Baltimore City. On May 26, 1964 it collapsed, causing the death of a five year old boy, John A. Rosenbalm. Whether the negligent construction of this wall caused it to collapse is the gist of this appeal. The infant's surviving mother, Virginia Underwood, brought a wrongful death action in the...

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