Legal Opinion

Owings v. Jones

Court of Appeals of Maryland

Decided June 15, 1856PublishedCited by 51 opinions

Appeal from the Superior Court of Baltimore city. This was an action on the case, brought by the appellee against the appellant, to recover damages for injuries received by falling into a vault, appurtenant to the property of the defendant and built under the foot pavement of Bank Lane, a public street in the city of Baltimore. The plaintiff was a free colored boy, from fourteen to sixteen years of age, and sued by his mother as next friend.

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Appeal from the Superior Court of Baltimore city. This was an action on the case, brought by the appellee against the appellant, to recover damages for injuries received by falling into a vault, appurtenant to the property of the defendant and built under the foot pavement of Bank Lane, a public street in the city of Baltimore. The plaintiff was a free colored boy, from fourteen to sixteen years of age, and sued by his mother as next friend. The pleadings are sufficiently stated in the opinion of this court. Exception. The facts proved in the case are fully stated in the opinion of this…

1Opinion of the CourtLe Grand, C. J.

This is an appeal from the Superior Court of Baltimore city.

The action was brought in the court below, to recover damages for an injury alleged to have been sustained by the plaintiff from failing into a hole or vault opened under the pavement on a public street in the city of Baltimore, appurtenant to a lot fronting on said street, belonging to the appellant.

The declaration contained two counts, the first of which alleged, that the defendant (appellant) being possessed of a certain messuage, &c., “wrongfully and unjustly made and opened a certain hole leading to the vault and sink, under the…

2Cases cited4 opinions

  1. Stockton v. FreyCourt of Appeals of Maryland · 1846
  2. Irwin v. SpriggCourt of Appeals of Maryland · 1847
  3. Brooke v. WaringCourt of Appeals of Maryland · 1848
  4. Savory's Lessee v. WhaylandCourt of Appeals of Maryland · 1755

3Cited by51 opinions

  1. Ahern v. . SteeleNew York Court of Appeals · 1889
  2. Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
  3. Matthews v. Amberwood Associates Ltd. Partnership, Inc.Court of Appeals of Maryland · 1998
  4. Flynn v. Canton Co.Court of Appeals of Maryland · 1874
  5. Albert v. State ex rel. RyanCourt of Appeals of Maryland · 1887

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