Van v. McPartland

Here is an unusual variation on a familiar theme. Detective Captain James F. Van (appellant), while driving his own automobile north on Frederick Street 1 in Cumberland, struck Loretta G. McPartland, widow (appellee), aged 68, as she was crossing 2 Frederick Street. From the $5,000 judgment, entered on the verdict of an Allegany County jury in her favor, Capt. Van has taken this appeal.

Van contends primarily and principally that appellee was guilty of contributory negligence as a matter of law. He lists other contentions but it will not be necessary for us to consider them.

It was clear and…