Washington Suburban Sanitary Commission v. Musgrove, 203 Md. 231

Summary

The Maryland Court of Appeals held that a directed verdict should have been granted for the Washington Suburban Sanitary Commission in a negligence action arising from a pedestrian's fall through a water-meter cover. The court concluded that the evidence did not establish that the Commission or its agents, employees, or authorized plumbers unlocked or disturbed the cover, and that speculation could not substitute for proof of negligent conduct.

Holdings

1. The Court of Appeals could not review the unobjected-to portions of the trial court's jury instructions because Maryland rules restricted appellate review to instruction errors and specific grounds distinctly raised before the jury retired.
2. The Commission was entitled to a directed verdict because the plaintiffs presented no evidence or rational inference that the Commission or its agents unlocked, removed, or otherwise disturbed the meter cover before the accident.

Questions Presented

1. Whether the Commission was entitled to a directed verdict because the evidence did not establish that it or its agents caused the water-meter cover to become unsecured.
2. Whether the Court could review arguments concerning the trial court's jury instructions when no objection to the challenged portions was made before the jury retired.

Disposition

reversed