[DOWNLOAD] "Hamilton v. Smith" by September Term, 1965 Court of Appeals of Maryland No. 324 " Book PDF Kindle ePub Free
eBook details
- Title: Hamilton v. Smith
- Author : September Term, 1965 Court of Appeals of Maryland No. 324
- Release Date : January 27, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Donald K. Smith (Donald) infant, by his parents and next friends, Floyd S. and Mary M. Smith, instituted suit to recover for near fatal injuries suffered as the result of an attack made upon him by three dogs alleged to be owned or harbored by the defendants Gilmore O. Hamilton and his wife, Rosaline Hamilton. In a separate count Donald's parents sued to recover for medical expenses and loss of services occasioned by the same incident. The suit was filed in Frederick County but was removed to Baltimore County for trial, where it was heard by Judge Walter Mitchell Jenifer, sitting without a jury, in the Circuit Court. At the conclusion of a three day trial, Judge Jenifer concluded that: (1) the dogs which perpetrated this attack upon the infant plaintiff were owned or harbored by the defendants, (2) the defendants had knowledge of the vicious propensities of the animals, and (3) there had been no contributory negligence on the part of the plaintiffs. Damages were found to be $1,531.28 in favor of the father for medical expenses, no damages for loss of services, and $30,000 in favor of the infant plaintiff. From the judgment entered upon the court's verdict the defendants appealed.