Cluster v. Cole

This is an appeal from a judgment n.o.v. granted by the presiding judge in the Circuit Court for Anne Arundel County after the jury was unable to reach a verdict. Appellants contend that the trial court erred in admitting into evidence a so-called res gestae statement of an unidentified witness and in finding that their deceased daughter was guilty of contributory negligence.

This suit for damages due to negligence arose from an accident which occurred at approximately 8 p.m. on August 29, 1970, causing the death one week later of appellants’ twelve-year old daughter, Terri Lee Cluster. It is…