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Bell v. Novick Transfer Co.

United States District Court for the District of Maryland
17 F.R.D. 279 (D. Md. 1955)


Facts

The Bells and their infant (plaintiffs) sued Novick Transfer Co. (Novick) (defendant) when a truck owned and operated by Novick collided with the Bells’ car, injuring the infant. Their complaint, initially filed in state court but subsequently removed to federal court, alleged that the car was being operated in a careless, reckless, and negligent manner. Novick moved to dismiss, arguing that the Bells’ declaration failed to state a claim against Novick upon which relief could be granted, alleging only that an accident occurred due to the negligence of Novick as a result of which the Bells were injured, and failing to allege the specific acts of negligence.

Rule of Law

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Issue

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Holding and Reasoning (Thomsen, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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