[Download] "Deems v. Western Maryland Railway Co." by Court Of Appeals Of Maryland # Book PDF Kindle ePub Free

eBook details

Title: Deems v. Western Maryland Railway Co.
Author : Court Of Appeals Of Maryland
Release Date : January 07, 1967
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

It did not take long for DONALD ALAN GALE to discover that being a baseball umpire is not without hazards. Even if, like the legendary big-league umpire, he "never called one wrong", a player on one of the teams participating in the game Gale was officiating obviously thought otherwise. This player, who, it appeared, was not even directly involved in the disputed play, attempted to persuade the umpire that the call was missed, and presented his point of view rather forcefully by striking Gale about the neck, hip and leg with a baseball bat, temporarily incapacitating him. Gale believed that his disability resulted from an accidental personal injury sustained by him as an employee of the Greater Washington Softball Umpires Association (GW) and that the injury arose out of and in the course of his employment. He sought compensation under the Workmens Compensation Act from GW. The Workmens Compensation Commission, upon hearing, found that Gale was an independent contractor and by its order of 7 March 1972, disallowed the claim. Feeling aggrieved by this decision, Gale sought to have it reviewed on appeal to the Circuit Court for Prince Georges County. The appeal proceeding was held in that Court on 19 April 1973 before a jury. At the close of the evidence offered by Gale, GW moved for a directed verdict. Maryland Rule 552 a. The Circuit Court, holding that "... the Commission was proper