Ernst v. Keough

Marbury, C. J., delivered the opinion of the Court. This is a suit at law brought against The Most Reverend Francis P. Keough, a corporation sole. The amend ⁵⁵⁵ ed declaration alleges that the plaintiff was seriously and permanently injured when she fell while descending the stairway of St. Ambrose Church in Baltimore, owned by the defendant. The plaintiff had been attending a bingo game in the church, and alleges that she fell because the stairway was slippery and unsafe, was insufficiently lighted and otherwise not properly protected.

The first count in the declaration alleges that the defendant was engaged in the business of conducting bingo games for profit, and there is no restriction as to the amount the plaintiff may recover, except the general damage claim of $25,000. The second count limits the plaintiff’s claim to the net profits from defendant’s business operations, that is, the bingo game. The third count alleges that the defendant is insured against such actions and plaintiff’s claim in this count is limited to the amount of such policy or policies of insurance. It is stated that these policies contain a provision that the insurer or insurers shall be estopped from asserting, as a bar to plaintiff’s claim, that the defendant is immune from liability on the ground that it is a charitable or religious institution.

The defendant demurred to the amended declaration and the demurrer was sustained by Judge Sayler, sitting in the Superior Court of Baltimore City, with leave to amend within fifteen days from October 2, 1950. The plaintiff declined to amend, and filed her appeal here on October 31, 1950. The appellee has filed a motion to dismiss this appeal on the ground that it was not taken from a final judgment. This motion must be granted.

Montgomery County Welfare Board v. Donnally, 195 Md. 442 , 73 A. 2d 505 . Counsel for appellant stated in open court that he was fully aware of the fact that no