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BRATTON v. SMITH

[No. 180, September Term, 1969.]

256 Md. 695 (1970)

261 A.2d 777

BRATTON, ETC., ET AL. v. SMITH, ET AL.

Court of Appeals of Maryland.

Decided February 10, 1970.

Attorney(s) appearing for the Case

Stanley Getz, with whom were Getz, Getz & Getz on the brief, for appellants.

Charles H. Reed, Jr., with whom were Charles B. Keenan, Jr. and Cameron & Reed on the brief, for Charles Carmen Gamatoria and The Chesapeake & Potomac Telephone Company of Maryland, part of appellees; and by Louis G. Close, Jr., with whom were Due, Whiteford, Taylor & Preston on the brief, for James Claude Smith, other appellee.

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

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

As the result of a tragic, fatal accident, the widow of the decedent, Raby James Bratton, to her own use and to the use of two surviving infant children (appellants), brought suit against James Claude Smith, Charles Carmen Gamatoria, and the Chesapeake & Potomac Telephone Co. of Maryland (appellees). The following facts gave rise to the action.

During the early afternoon of November 4, 1966, the defendant...

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