Houlihan v. McCall

In Houlihan v. McCall, 197 Md. 130, 78 A.2d 661 (1951), the plaintiff came to an intersection, looked to her right, saw no cars approaching, then looked to her left before crossing the intersection without checking her right again. 197 Md. at 133. The defendant's truck approached from the right and the two cars collided in the intersection. Id. It was undisputed at trial that there was no stop sign at the intersection and that there had never been a stop sign located there. Id. at 136. The defendant filed a demurrer alleging that there was no evidence to support a claim that he was negligent because he was on a through highway and had the right of way. Id. at 135. The trial court denied the demurrer, reasoning that there was no stop sign in the plaintiff's direction and therefore, neither road could be considered the favored road. Id. On appeal, the Court of Appeals noted that "it is clear that the erection of signs by the proper authorities is a necessary prerequisite to the creation of a through highway or stop intersection." Id. The Court stated that the outcome of the case was predicated upon whether the road was a through highway or not. Id. at 137. The Court found that as a result of the lack of a stop sign, the Boulevard Rule did apply to the circumstances.