Lyell v. Walbach

This case is before us on a second appeal. The first appeal is reported in 111 Md. 610 and the questions of law on -the pleadings were established on that appeal. A judgment of the Superior Court of Baltimore City in favor of the defendant was there reversed, with costs, and the case was remanded for a new trial.

The case is now before us upon its merits, and the questions are presented by a single exception to the rulings of the Court upon the prayers.

The Court below, at the close of the testimony, refused all of the plaintiff’s prayers, and granted the defendant’s prayer, that there was no…