SMILEY v. ATKINSON

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Docket Number

[No. 280, September Term, 1971.]

Attorney(S)

Robert B. Barnhouse, with whom were James P. Gillece, Jr., and Piper Marbury on the brief, for appellants. Clayton A. Dietrich, Chief Assistant City Solicitor, on motion to dismiss for Mayor and City Council of Baltimore, part of appellees. Max R. Israelson, with whom were Joseph I. Pines, Harry A.E. Taylor and Israelson, Pines Jackson on the brief, for other appellees.

Judges

PER CURIAM:

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SMILEY ET AL. v. ATKINSON, INDIVIDUALLY AND AS ADM'X OF THE ESTATE OF JOHN C. ATKINSON ET AL.

APPEAL — Effect Of Appeal From Interlocutory Order — Civil Case — Filing Of Appeal From A Nonappealable Interlocutory Order Does Not Divest Lower Court Of Jurisdiction. p. 130

CONTINUANCE — DISCOVERY — No Abuse Of Discretion In Denying Defendant's Discovery Motion And Motion For Continuance. p. 130

LAST CLEAR CHANCE — Doctrine Presupposes Primary Negligence On Part Of Defendant, Contributory Negligence On Part Of Plaintiff And A Showing Of Something New Or Independent Which Affords The Defendant A Fresh Opportunity (Of Which He Fails To Avail Himself) To Avert The Consequences Of His Original Negligence And The Plaintiff's Contributory Negligence — Instruction Of Trial Judge Correctly Stated The Applicable Law. p. 130

(See opinion 12 Md. App. 543 (1971).)

PER CURIAM:

This Court adopts the opinion of Judge Powers in Smiley v. Atkinson, Adm'x, 12 Md. App. 543 (1971), and therefore affirms the judgments appealed from.

Judgments affirmed with costs.

SMILEY ET AL. v. ATKINSON, INDIVIDUALLY AND AS ADM'X OF THE ESTATE OF JOHN C. ATKINSON ET AL.

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