Mayor of Baltimore v. Himmelfarb

The City appeals from a judgment at law at the suit of owners of a building on St. Paul Place, north of the Orleans Street Viaduct, in Baltimore, for damages from loss of value to the property by reason of deprivation of light and air, and invasion of dust and gases, consequent upon the erection and maintenance of the viaduct. The principal ground of controversy, submitted on a prayer for direction of a verdict in the City’s favor, is the right of the property owners to recover damages from the municipality for such injuries if proved.

The house is the second to the north of the viaduct, on…