Goldston v. Karukas

JOHNSON, J., delivered the opinion of the Court. On August 30, 1940, John Goldston, Jr., an infant, was struck and run into by an automobile truck owned by James P. Karukas, trading as Oriole Baking Company, to recover damages for which a suit was instituted in his name by his father and next friend. The father likewise instituted suit against the same defendant for expenses incident to hospitalization of his son. Both suits were filed in the Superior Court of Baltimore City, and the cases came on for trial without the aid of a jury.

The trial court heard the evidence, and in the former case gave a verdict of $150, while in the suit of the father the verdict was $50. From these verdicts below, the present appeals are prosecuted by the plaintiffs. This record comes to us without any bill of exceptions whatsoever, and without any proper authentication of the record, it being appellants’ claim and con ²³⁴ tention that on this state of the record he is by virtue of Rule 9(c) of the General Rules of Practice and Procedure, effective.September 1, 1941, entitled to have the judgments reviewed. The rule which he asserts is as follows: “(c) Appeal.

When a proceeding has been so tried by the court, an appeal from the judgment, if allowed by law, may be taken according to the practice in equity. Upon appeal the Court of Appeals may review upon both the law and the evidence, but the judgment of the trial court shall not be set aside on the evidence, unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The Court of Appeals may affirm, reverse, modify, or remand, as in appeals from equity.” Thus the issue is raised as to whether the rules effective September 1, 1941, govern and control cases decided before their effective date, as in these cases, the record shows the suits were tried June 16, 1941. Rule 9(a) provides that when such a proceeding is tried upon the facts by the court that the latter shall, after the trial, direct such judgment to be entered as it thinks right upon the evidence and the law, and shall dictate to the court stenographer, or prepare and file, a brief statement of the grounds for its decision, and the method of determining any damages awarded.

Of course, in the present cases this was not done, inasmuch as the rules- were not effective, and to justify us in reviewing the cases we would have to hold that even