Gault v. Humes
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City : This was an action brought by the appellee against the appellant, to recover damages for injury sustained by him, from certain alleged wrongful acts of the defendant, set forth in the declaration, which is recited in the opinion of this Court. The defendant pleaded 1st, “not guilty,” and 2nd, “that the said wall at the time of the institution of this suit, was and still is the property of the defendants.”
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Appeal from the Court of Common Pleas of Baltimore City : This was an action brought by the appellee against the appellant, to recover damages for injury sustained by him, from certain alleged wrongful acts of the defendant, set forth in the declaration, which is recited in the opinion of this Court. The defendant pleaded 1st, “not guilty,” and 2nd, “that the said wall at the time of the institution of this suit, was and still is the property of the defendants.” Upon these pleas the plaintiff joined issue. At the trial the second plea was virtually abandoned. The evidence so far as is…
1Opinion of the Court
Bowie, O. J.,
delivered the opinion of this Court:
The cause oi action as alleged in the nar. in this case, is, that the plaintiff was seized of a lot of ground and premises on the north side of Lexington street, in the City of Baltimore, immediately adjoining and bounding on a lot of ground belonging to and owned by the defendant, and while the plaintiff’ was so seized and possessed, the defendant improperly, carelessly and wrongfully prevented and stopped for a long time, the flowing and draining of the water from the back yard of the said premises, whereby said water was held and retained in…
2Cited by6 opinions
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Brown v. MarshallMichigan Supreme Court · 1882
- Baltimore City Passenger Ry. Co. v. NugentCourt of Appeals of Maryland · 1897
- Washington, Colesville & Ashton Turnpike Co. v. CaseCourt of Appeals of Maryland · 1894
- Chesapeake & O. Ry. Co. v. CarmichaelCourt of Appeals of Kentucky (pre-1976) · 1944
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