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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1538   View pdf image (33K)
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1538 NEGLIGENCE CAUSING DEATH. [ART. 67

or his attorney a full particular of the persons for whom and on whose
behalf such action shall be brought and of the nature of the claim in
respect of which damages shall be sought to be recovered.

The object of this section and the effect of the particular; when it is
waived. This section is not mandatory, and does not affect the plaintiff's
right to maintain his suit. The particular is no part of the record and is
not even required to be filed, but to be delivered, etc. The failure to file the
particular, is no ground for an arrest of judgment. Philadelphia, etc., R. R.
Co. v. State, use Bitzer, 58 Md. 397.

With reference to the office and effect of a particular when furnished, see
also, B. & O. R. R. Co. v. State, use Woodward, 41 Md. 297.

As to an amendment of the particular and declaration, not warranting the
filing of the plea of limitations, see Western Union Tel. Co. v. State, use
Nelson, 82 Md. 305. See also, notes to sec. 2.

For a variance between the proof, and declaration and particular, see B.
& O. R. R. Co. v. State, use Woodward, 41 Md. 297.

Cited but not construed in State, use Zier, v. Chesapeake Ry. Co., 98
Md. 37.

1904, art. 67, sec. 4. 188S, art. 67, sec. 4. 1860, art. 65, sec. 4.
1852, ch. 299, sec. 4.

4. The word "person" shall apply to bodies politic and corporate,
and all corporations shall be responsible under this article for the
wrongful acts, neglect or default of all agents employed by them.

This section makes the design of this article more obvious. State, use
Coughlan, v. B. & O. R. R. Co., 24 Md. 100.

Cited but not construed in B. & O. R. R. Co. v. Smith, 29 Md. 464.
See notes to sec. 1.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1538   View pdf image (33K)
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