Mitchell v. Dowdy

Here considered are two appeals in one record from the Superior Court of Baltimore City. The case comes to this Court on the refusal of the trial judge to grant the third prayer of each plaintiff, and on an exception to part of the oral instruction given the jury.

Between the hours of 3:00 and 3:30 A. M. in the early morning of July 14,1943, a bright moonlight night, the road dry and the weather favorable, appellant, John R. Wagus, was operating his automobile, a 1937 Oldsmobile sedan, in an easterly direction on the Philadelphia or Pulaski Highway, Route 40, going from Balti more to Middle…