State Ex Rel. Alston v. Baltimore Fidelity Warehouse Co.

In the action of State of Maryland, to the use of Eurie Alston and wife, against the Baltimore Fidelity Warehouse Company, a corporation, the declaration was held bad on demurrer, and, on failure of the plaintiff to amend or plead, a judgment of non pros, was entered, and the plaintiff brought this appeal.

Marvin Alston, an infant son of the parents for whose use the suit was brought, was eleven years old at the time of his death by drowning under circumstances which are asserted to make the defendant liable in an action of tort. The declaration is in one count and contains these allegations.

Th…