Opinion
[No. 109, September Term, 1969.]
Decided November 11, 1969.
APPEAL — Premature — Order Appealed From Not Final — Where Lower Court Sustained Demurrer To Warranty Counts In Declaration, But Left Negligence Counts Intact, Order Was Interlocutory And Not Appealable. p. 580
Appeal from Baltimore City Court (CARDIN, J.).
Suit by Joseph M. Fletcher to his own use and to the use of State Accident Fund and Lorraine Fletcher, his wife, against the National Brewing Company for damages received from an exploding bottle, with claims in both warranty and tort. From an order sustaining a demurrer to the counts in warranty, plaintiffs appeal.
Appeal dismissed with costs.
The cause was argued before HAMMOND, C.J., and BARNES, FINAN, SINGLEY, and SMITH, JJ.
Frank B. Cahn, II, with whom were Pollack, Cahn Rosenthal on the brief, for appellants.
James R. Eyler, with whom was Benjamin C. Howard on the brief, for appellee.
The claims in this case were grounded both on breach of warranty and on negligence. The trial court sustained a demurrer to the warranty counts and the plaintiffs appealed. The appellee moved to dismiss the appeal as taken from an interlocutory judgment. The situation is just like that in Harkins v. August, 251 Md. 108, 112 where the premature appeal was dismissed.
Appeal dismissed with costs.