Case law

Gunning v. State

347 Md. 332 · Court of Appeals of Maryland · Oct 14, 1997

A witness for the State, Robin Carponetto, testified that she observed the purse-snatching from the window of a nearby business establishment. … State, 324 Md. 204, 237 , 596 A.2d 1024, 1041 (1991)(where no evidence of qualifying convictions was adduced at trial, no error in refusing requested instruction on impeachment through prior convictions), cert. denied, 503

Lovell Land, Inc. v. SHA

408 Md. 231 · Court of Appeals of Maryland · Apr 9, 2009

Under that view, Lovell clearly would not qualify as a creditor beneficiary. … To achieve third-party beneficiary status under the Restatement (Second) approach, Lovell would need to establish the criterion set forth in § 302(1)(b) — that "the circumstances indicate that the promisee intends to give

Storrs v. Hink

167 Md. 194 · Court of Appeals of Maryland · Jun 13, 1934

If the jury found from this evidence a failure to give adequate warning, primary negligence would be established. 2. … The motorman had the right to assume that the plaintiff would act with reasonable care for her own safety in avoiding danger, and that when he saw her look she had seen the clearly visible and moving street car.

Cannon v. Cannon

384 Md. 537 · Court of Appeals of Maryland · Jan 12, 2005

Cannon’s ability to qualify for financing to purchase the home, buy a car, and keep a full-time job with “some pretty good money” working weekend overtime. The trial court also observed that Mr. … Even if an express factual finding as to the existence of a confidential relationship is required and the burden of proof placed on him to establish the validity of the Agreement, the record clearly supports, in Mr.

BJ's Wholesale Club, Inc. v. Rosen

435 Md. 714 · Court of Appeals of Maryland · Nov 27, 2013

RepLVol.); consent to the use of a tanning *729 device by their child, 11 Section 20 — 106(b) of the Health-General Article, Maryland Code (2000, 2009 Repl.Vol.); and to authorize another family member to consent to the immunization … Fields: For example, is a Boy Scout or Girl Scout, YMCA, or church camp a commercial establishment or a community-based activity?

Neifert v. Department of the Environment

395 Md. 486 · Court of Appeals of Maryland · Nov 14, 2006

to any parcel of land within the 100 year floodplain if it was platted as a building lot after May 31, 1977. 6 EPA also *494 required the Worcester County Sanitary Commission (“Sanitary Commission”) to submit maps that clearly … The Circuit Court remanded the case for the County to re-consider whether appellants’ lots qualified as wetlands.

CR-RSC Tower I, LLC v. RSC Tower I, LLC

429 Md. 387 · Court of Appeals of Maryland · Nov 27, 2012

Yet, Landlords advance no policy reason why defendants should be immune from waiver principles, and our quest is to determine whether there are sound reasons to exclude defendants from the usual application of the waiver … We need not decide whether this provision of the Restatement states the law in Maryland, because it clearly does not apply to this case. .

Armstead v. State

342 Md. 38 · Court of Appeals of Maryland · Mar 20, 1996

The petitioner sought the opportunity to establish the former defect. … Had the General Assembly intended another purpose—that the statement of allele frequency and genotype data be admissible as DNA profile evidence—it could have and, I submit, would have clearly so provided.

Burral v. State

352 Md. 707 · Court of Appeals of Maryland · Feb 12, 1999

. *743 THE IMPORTANCE OF THE HYPNOTIZED WITNESS It was not clearly established where the stabbing of Jeffrey Fiddler actually occurred. … In addition, although she never clearly observed the knife penetrate. the victim, she did see that during the fight the victim’s back was slashed.

Peters v. Early Healthcare Giver, Inc.

439 Md. 646 · Court of Appeals of Maryland · Aug 13, 2014

With the guidance of other jurisdictions, and based on settled evidentiary principles, it is not difficult to conclude that the employer, as the party withholding the wages, is uniquely qualified to offer evidence about … We find persuasive the reasoning that because there is no such language under the WPCL like “also” or “in addition to” that would clearly indicate an award of quadruple damages, the Legislature did not intend to make it

UNINSURED EMPLOYERS'S FUND v. Lutter

342 Md. 334 · Court of Appeals of Maryland · May 8, 1996

Clearly the vast majority of close corporations wanted coverage for their officers and acted responsibly in order to assure they had it. … This provision contemplates the close corporation as in the instant case and, to avoid exactly the situation we have here, requires *356 affirmative election of coverage by obtaining an insurance policy or qualifying as a

Marshall v. Safe Deposit & Trust Co.

101 Md. 1 · Court of Appeals of Maryland · Mar 24, 1905

Unless the will clearly and unmistakably shows, or unless there is plainly inferable therefrom, an intention to postpone until the end of the twenty year period the vesting in right of all interests whatever in the trust … The tenendum never qualified the estate conveyed, but the habendum may do so, when it is not in conflict with or repugnant to the premises. Trustees, &c., v. Manning, 72 Md. 126 .

Dua v. Comcast Cable of Maryland, Inc.

370 Md. 604 · Court of Appeals of Maryland · Aug 29, 2002

plaintiffs “ability to bring a cause of action ... cannot be deemed a Vested right’ ” (respondent’s brief in No. 121, at 17), and that, because “a cause of action has accrued, standing alone, will not render the cause of action immune … As previously shown, Chs. 59 and 569 clearly interfere with vested rights. V.

Taylor v. Whitehurst

151 Md. 621 · Court of Appeals of Maryland · Dec 10, 1926

Whitehurst Taylor, his mother, all of whom qualified as such administrators. On August 8th, 1924, the appellee filed, in said orphans' court, a petition alleging that she was the widow of the said Charles E. … Whitehurst, deceased, and not until some time thereafter was she told by a friend that it did not recognize and establish her status as such widow.

Motor Vehicle Admin. v. Usan

486 Md. 352 · Court of Appeals of Maryland · Jan 25, 2024

Usan characterizes the above exchange as establishing that the State Police did not legally have capacity to conduct a drug test because a DRE was not available. … TFC Greathouse clearly referred to giving Mr. Usan his “advice of” rights. -6-  At the administrative hearing, Mr.

Schlens v. Poe

128 Md. 352 · Court of Appeals of Maryland · Apr 7, 1916

The nature and terms of this contract were considered by this Court and the responsibility of the Munich Company under that contract was determined and established in Munich Re-Insurance Co. v. … The receivers qualified and have since administered their trust under the jurisdiction of that Court. About the close of the year 1909 the Surety Company found itself in a precarious condition.

Evans v. State

389 Md. 456 · Court of Appeals of Maryland · Nov 10, 2005

concluded, however, that the Paternoster Study did not constitute a decision of the United States Supreme Court or of this Court and that an allegation of error, even of Constitutional dimension, based on that Study, did not qualify … State, 198 Md. 455, 464 , 85 A.2d 43, 47 (1951), and it clearly has done so by providing for those factors to be alleged in a separate Notice.

Baltimore & Ohio Railroad v. Dever

112 Md. 296 · Court of Appeals of Maryland · Jan 13, 1910

But in such cases the burden is on the owner to show clearly that the loss was due to a cause for which the carrier is responsible.” … As we understand the testimony, the infection is generally introduced' into a section of the country north of the quarantine line established by. the general government by the ticks being on southern cattle, when they are

United States Fidelity & Guaranty Co. v. Williams

148 Md. 289 · Court of Appeals of Maryland · Jun 10, 1925

The- insolvency vel non of the insured is a fact to be established like any other fact necessary for the plaintiff’s recovery, and when so established concludes the right of the injured party to be paid by tbe insurance company … It was clearly not the intention of the parties to the contract to make such a result possible, and it would be illogical to> place such a construction upon the language employed as would require a judicial determination

Mayor of Forest Heights v. Frank

291 Md. 331 · Court of Appeals of Maryland · Oct 7, 1981

XI-A, the *350 phrase "public local law” used elsewhere in the Constitution clearly includes a local ordinance enacted by a home rule jurisdiction. See Art. … On the other hand, when the framers of constitutional provisions intended that the term "public local law” be limited to enactments of the General Assembly, they have clearly so qualified the language. See, e.g., Art.