Case law

Remsburg v. Montgomery

376 Md. 568 · Court of Appeals of Maryland · Aug 27, 2003

She further maintained that even if the emergency operator typically was protected by a qualified immunity, a “special relationship” existed between Ms. … Initially, we determined that emergency assistance operators enjoy a qualified immunity under the public duty doctrine and, absent a “special relationship” with a caller, held that no such special relationship was established

Philadelphia, Baltimore & Washington Railroad v. Mayor of Baltimore

121 Md. 504 · Court of Appeals of Maryland · Jun 26, 1913

There is nothing in the Act relating to the Fallsway to qualify or restrict the Charter power of the city or of the Commissioners for Opening Streets as a duly constituted municipal agency, to assess property benefited by … The assessments in this case have, therefore, been made under an authority which the Commissioners clearly possessed and were required to exercise, and upon the principle applied in the Lauer case we can have no hesitation

Cramer v. Housing Opportunities Commission

304 Md. 705 · Court of Appeals of Maryland · Dec 12, 1985

Appellant, as a tenant, was clearly a person to whom the HOC owed a duty of reasonable care in the hiring of a housing inspector. … Clearly there exists a tension between competing interests.

Whittemore v. State

151 Md. 309 · Court of Appeals of Maryland · Jul 8, 1926

We do not understand the appellant here to deny the propriety of the court’s examining jurymen; that is clearly settled by the ease cited, Handy v. … It seems to us that these authorities must be taken to settle the question, if it is not settled by the long established practice in Baltimore City.

Kriel v. Cullison

165 Md. 402 · Court of Appeals of Maryland · Nov 5, 1933

But the court said: “If we look to the written agreement alone, there is clearly no ground for any deduction. … But they do establish the principle that the words “more or less,” when used to qualify a representation of quantity in a contract to convey land, will be construed, whether found in an executed or an executory contract,

Union United Methodist Church, Inc. v. Burton

404 Md. 542 · Court of Appeals of Maryland · Apr 11, 2008

“Well established rules exist to aid in the interpretation of original instruments.... … “Moreover, a description of quantity is even less authoritative if it contains qualifying terms, such as ‘more or less.’[ 7 J ... In Brodsky v.

State Ex Rel. Joyce v. Flanigan

111 Md. 481 · Court of Appeals of Maryland · Dec 9, 1909

This was objected to, and he was then asked if his experience and knowledge of chemistry was such as to qualify him to answer the previous question, which was also objected to. … As to the third exception the ground of the ruling stated by the Court was that two such experiences as the witness gave could not qualify him as an expert. In Harris v.

State v. McNay

100 Md. 622 · Court of Appeals of Maryland · Mar 5, 1905

selection of jurors had ever been considered as a judicial function which could not be delegated to executive officers spe *627 dally designated for that purpose, the existence of so many statutes in the'differerit States, establishing … To ipeet these exacting requirements so clearly-stated by Mr.

Barker v. Ayers

5 Md. 202 · Court of Appeals of Maryland · Dec 15, 1853

A release upon a judgment by confession, necessarily coming from the plaintiff, manifests clearly his consent to the judgment. … If this be so, John was then clearly within the principle recognized by Greenleaf in section 355, and the other authorities on this subject.

McBee v. Fulton

47 Md. 403 · Court of Appeals of Maryland · Jan 25, 1878

In civil suits (whatever may have been the case in criminal prosecutions) for libel, it has always been held that the truth of the defamatory matter may be pleaded in justification, and if established by proof is a complete … in determining the plea of justification they would consider all the evidence in the case, and weigh the same, and if they found the preponderance thereof in favor of the truth of the alleged libel this is sufficient to establish

Abell v. Proprietors of the Green Mount Cemetery

189 Md. 363 · Court of Appeals of Maryland · Dec 11, 1947

Latrobe, 68 Md. 620 , 13 A. 161 , states that the grantee of such a lot has a qualified fee limited to the purpose of sepulture. … Nor do we think the other small and inconspicuous animals, already in the *370 cemetery, establish any precedent for the appellant.

In Re Billy W.

386 Md. 675 · Court of Appeals of Maryland · May 11, 2005

Such rights are so fundamental that they “cannot be taken away unless clearly justified,” Boswell v. … Protracted proceedings in establishing the initial plan defeat the purpose of the statute.

Grieves v. Grieves

132 Md. 300 · Court of Appeals of Maryland · Feb 28, 1918

The will clearly directs that! thei rest and residue of the estate be divided into two equal parts. … This, wo think, is clearly shown by what follows in the codicil.

State v. Blackwell

408 Md. 677 · Court of Appeals of Maryland · May 14, 2009

Accordingly, his testimony about Blackwell’s performance on the HGN test was clearly expert testimony within Md. Rule 5-702. … The State’s contention ignores the distinction between its burden to establish the reliability of the test and its burden to show that one is qualified to administer, and thus testify about, the test.

Groome v. Gwinn

43 Md. 572 · Court of Appeals of Maryland · Dec 21, 1875

duly returned as elected; by reason of a notice that the election was contested; that was a case of a clerk, one of the officers expressly named in the 11th section ; but the Attorney General though not expressly named, is clearly … His prima facie title to the office was established, and his right to be installed; this right was not defeated by a mere allegation that he had not been legally elected, or by a notice of contest; as was decided in the case

A. S. Abell Co. v. Barnes

258 Md. 56 · Court of Appeals of Maryland · Jun 5, 1970

The immunity is by privilege to the published statements. … Appellant’s counsel made clear to the court that the defense was the immunity afforded appellant under New York Times and its progeny.

Rounds v. M-NCPPC

Court of Appeals of Maryland · Jan 29, 2015

Apart from this limited waiver of immunity, the LGTCA does not waive any preexisting immunity against suit held by the local government or its employees. Hansen v. … In this case, Petitioners clearly failed to establish that the non-joined parties met the MIE exception. 25 Because Counts V–XI were dismissed without prejudice, a remand

Dobler v. Mayor of Baltimore

151 Md. 154 · Court of Appeals of Maryland · Jun 11, 1926

Certain general principles seem, however, to have been clearly settled by the current and weight of judicial authority. … actually taken, for consequential damages to his premises, even though in grading and leveling the street a portion of the adjoining lot in consequence of removal of its natural support falls into the highway, and the same immunity

Brownlee v. Liberty Mutual Fire Insurance Co.

456 Md. 579 · Court of Appeals of Maryland · Dec 18, 2017

from liability on charitable immunity grounds, unless and until Liberty Mutual indemnified it as responsible for Appellants’ injuries and damages. … The Supreme Court of Georgia held that lead present in paint “unambiguously qualifies as a pollutant and that the plain language of the policy’s pollution exclusion clause” removed plaintiffs claims against her landlord from

Richardson v. Blackstone

135 Md. 530 · Court of Appeals of Maryland · Jan 14, 1920

within the period of twelve months preceding the 5th day of June, 1918; avers that he is and has been for a considerable period of time a resident of the State of Virginia where he is engaged permanently in business, and has established … The distinction between a contested election and a dispute about the legality of the election itself is. clearly stated in Magruder v. Swann .