Legal Opinion

State of Maryland v. O'BRIEN

District Court, D. Maryland

Decided April 13, 1956No. Civ. 7927PublishedCited by 13 opinions

1Opinion of the Court

THOMSEN, Chief Judge.

On March 8, 1954, about 5:15 P.M., O’Brien, who had been drinking, drove Chaney’s dump truck onto the wrong side of a busy highway, and ran head-on into Weaver’s automobile, killing Weaver. In this action, brought on behalf of Weaver’s wife and children, Chaney moved for a directed verdict on the ground that O’Brien had departed from the course of his employment by Chaney and was on a frolic of his own at the time of the accident. I reserved ruling on this motion, and submitted to the jury special interrogatories, including:(1) Was O’Brien guilty of negligence which…

2Cases cited25 opinions

  1. Crowell v. DuncanSupreme Court of Virginia · 1926
  2. Barnes Coal Corp. v. Retail Coal Merchants Ass'nCourt of Appeals for the Fourth Circuit · 1942
  3. Kelly v. Huber Baking Co.Court of Appeals of Maryland · 1924
  4. Gordon v. BedardMassachusetts Supreme Judicial Court · 1929
  5. Damasiewicz v. GorsuchCourt of Appeals of Maryland · 1951

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3Cited by13 opinions

  1. Lewis v. StateCourt of Appeals of Maryland · 1979
  2. Snowhite v. State, Use of TennantCourt of Appeals of Maryland · 1966
  3. Curley v. General Valet Service, Inc.Court of Appeals of Maryland · 1973
  4. Latz v. Latz A/K/A SchaferCourt of Special Appeals of Maryland · 1971
  5. Reed v. Black Caesar's Forge Gourmet Restaurant, Inc.District Court of Appeal of Florida · 1964

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