Legal Opinion · Dissent

Hensley v. Montgomery County

Court of Special Appeals of Maryland

Decided March 20, 1975No. 602, September Term, 1974Published

1Dissent

Davidson, J,

dissenting:

I concur in the result reached by the majority with respect to the appellee, Olga Mary Mazza. I dissent from that portion of the majority opinion which affirms the trial court’s order of a directed verdict in favor of Montgomery County.

In Washington County v. Gaylor, 140 Md. 375, 117 A. 864 (1922), the Court of Appeals recognized that a county is charged with the duty of keeping the county’s public roads safe for the travel of the public. It held that it was for the jury to determine whether an accident which occurred when a tree fell upon an automobile traveling along…

2Cases cited10 opinions

  1. Mayor of Baltimore v. EagersCourt of Appeals of Maryland · 1934
  2. Messinger v. StateNew York Court of Claims · 1944
  3. Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
  4. Brandywine Hundred Realty Co. v. CotilloCourt of Appeals for the Third Circuit · 1931
  5. Inabinett v. State Highway DepartmentSupreme Court of South Carolina · 1941

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