Summary
In Smiley the appeal was from an order clearly interlocutory, one that under no stretch of the imagination could be the subject of appellate review until after a determination of the cause upon its merits.
Summary of this case from Lang v. CattertonOpinion
[No. 280, September Term, 1971.]
Decided March 20, 1972.
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).)
Certiorari to the Court of Special Appeals of Maryland.
Petition for writ of certiorari granted where the Court of Special Appeals affirmed a judgment for the plaintiffs John C. Atkinson and Lillian Atkinson (John C. Atkinson died after trial and his widow, as administratrix, was duly substituted as a party on appeal) against Walter Smiley and Continental Can Company, Inc.
Judgments affirmed with costs.
The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.
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.
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.