Garrett v. Janes
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appellee filed his bill on the 24th of November, 1884, in which he alleged in substance that the appellant was engaged in erecting his house on Mount Yernon Place, in violation of law, in that the entrance thereto extended- on the pavement in front thereof beyond the distance jJrescribed^, by law.
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Appeal from the Circuit Court of Baltimore City. The appellee filed his bill on the 24th of November, 1884, in which he alleged in substance that the appellant was engaged in erecting his house on Mount Yernon Place, in violation of law, in that the entrance thereto extended- on the pavement in front thereof beyond the distance jJrescribed^, by law. The bill alleged that the said structure was a nuisance, by reason of its taking a portion of the highway reserved for the public ; that this action was an injury to him, in that it deprived him of sunshine, air and view, that thereby the value of…
1Opinion of the Court
Ritchie, J.,
delivered the opinion of the Court.'
The controlling question in this case, and the only one, after full consideration, we deem it necessary to dwell upon, is whether the structure complained of is in respect of the distance it projects upon the sidewalk, and of its architectural character, authorized by an ordinance of Baltimore City.
The Act of 1833, ch. 180, empowered the Mayor and City Council to pass ordinances regulating the limits within which it should be lawful to erect steps, porticos or porches or other architectural ornaments to houses fronting on Mount Vernon or…
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