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CLAYBORNE v. MUELLER

No. 290, September Term, 1971.

13 Md. App. 530 (1971)

284 A.2d 24

JAMES C. CLAYBORNE v. JOSEPH R. MUELLER, JR. ET UX.

Court of Special Appeals of Maryland.

Decided December 2, 1971.

Attorney(s) appearing for the Case

Hamilton O'Dunne, with whom were Patrick A. O'Doherty and O'Doherty, Gallagher, Hegarty & Coughlin on the brief, for appellant.

Leonard Passano Baker, Jr., with whom was Marvin Ellin on the brief, for appellees.

The cause was argued before ORTH, POWERS and GILBERT, JJ.

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

A $3500.00 judgment in favor of Joseph R. Mueller, Jr., against James C. Clayborne, rendered as a result of a jury trial in the Baltimore City Court before Judge Joseph L. Carter, has led to this appeal.

The appellant raises three questions:

1. Was the appellee guilty of contributory negligence as a matter of law?

2. Did the appellee assume the risk by his actions?

3. Was the trial judge...

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