Sheer v. Rathje

As the plaintiff, a woman seventy-three years of age, was walking at night eastwardly across Mt. Royal Avenue, north of its intersection with Mosher Street, in Baltimore City, she was struck by a northbound automobile. The driver of the car was the husband of its owner, who was seated beside him at the time of the accident, and both were joined as defendants in this suit by the injured pedestrian. From a judgment in her favor they have appealed. The principal exception pressed on appeal refers to the refusal of the trial court to withdraw the case from the jury. It is argued that there was no…