Tan v. Bosley

Court of Appeals of Maryland

Tan v. Bosley

139 A.2d 727, 216 Md. 93, 1958 Md. LEXIS 401

CourtCourt of Appeals of Maryland

DecidedMarch 19, 1958

Docket[No. 170, September Term, 1957.]

StatusPublished

Cited by1 cases

This text of 139 A.2d 727 (Tan v. Bosley) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tan v. Bosley, 139 A.2d 727, 216 Md. 93, 1958 Md. LEXIS 401 (Md. 1958).

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Opinion

Per Curiam:

In this appeal, by a pedestrian struck by an automobile on a snowy night while attempting to cross the Rockville Pike between intersections, the jury found a verdict for the defendant. The only points raised by the appellant are: the

failure of the court to instruct as to the statutory duty to reduce speed under such conditions, the refusal to instruct as to last clear chance, and the admission into evidence of a plat of the road. No novel question of law is presented. Without reciting the evidence in detail, we deem it sufficient to say that we think the court’s charge as to due care under the circumstances was adequate, and that there was no factual basis for the application of the doctrine of last clear chance. Cf. Henderson v. Brown, 214 Md. 463, Domeski v. Atlantic Refining Co., 202 Md. 562, and cases cited. We think the admission of the plat was well within the discretion of the trial court, and not prejudicial.

Judgment affirmed, with costs.

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Per Curiam:

In this appeal, by a pedestrian struck by an automobile on a snowy night while attempting to cross the Rockville Pike between intersections, the jury found a verdict for the defendant. The only points raised by the appellant are: the

failure of the court to instruct as to the statutory duty to reduce speed under such conditions, the refusal to instruct as to last clear chance, and the admission into evidence of a plat of the road. No novel question of law is presented. Without reciting the evidence in detail, we deem it sufficient to say that we think the court’s charge as to due care under the circumstances was adequate, and that there was no factual basis for the application of the doctrine of last clear chance. Cf. Henderson v. Brown, 214 Md. 463, Domeski v. Atlantic Refining Co., 202 Md. 562, and cases cited. We think the admission of the plat was well within the discretion of the trial court, and not prejudicial.

Judgment affirmed, with costs.

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139 A.2d 727, 216 Md. 93, 1958 Md. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tan-v-bosley-md-1958.

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