Colmes v. Jos. M. Zamoiski Co.

The appellee, The Jos. M. Zamoiski Co. (Zamoiski), sued John Emerett Colmes (Colmes), and his employer, Francis O. Day Co., Inc. (Day), in the Circuit Court for Prince George’s County. As a result of that suit, Zamoiski recovered, in a non-jury trial, a judgment for $6,458.07 against Colmes and Day. The sum of $5,258.07 of that judgment was for property damage and $1,200.00 was for the loss of use of the vehicle belonging to Zamoiski.

Colmes and Day assail the judgment in a two-fold manner, that is, (1) that the trial judge erred in finding Colmes and Day negligent “notwithstanding the…