(Download) "Torres v. Maryland" by Court of Special Appeals of Maryland # eBook PDF Kindle ePub Free
eBook details
- Title: Torres v. Maryland
- Author : Court of Special Appeals of Maryland
- Release Date : January 03, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This case presents defendants exceptions to the overruling of a special demurrer which, after the amendment of the several counts to eliminate allegations of damage which are not proper elements thereof, challenges the sufficiency of the declaration for its failure to allege either a legal duty owed by the defendant to the plaintiff or the violation thereof, or facts from which such duty, or violation, might be inferred. The alternative form of alleging the omissions satisfies the principle recognized in Chickering v. Lincoln County Power Co., 118 Me. 414; 108 A. 460; recently affirmed in Knowles v. Wolman, 141 Me. 120; 39 A.2d 666, that duty and breach may be pleaded either by forthright assertion (within the principle declared in Boardman v. Creighton et al., infra) or the averment of facts from which the law will imply them.
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