Baltimore Belt Railroad v. Sattler
Court of Appeals of Maryland
Appeal from the Court of Common Pleas (Stockbridge, J.) The cases of B. & P. R. Co. v. Reaney, 42 Md. 117; Short v. Ry. Co., 50 Md. 73; O'Brien v. Belt R. Co., 74 Md. 363; Garrett v. Lake Roland R. Co., 79 Md. 277; Lake Roland R. Co. v. Webster, 81 Md. 529; Poole v.Falls Road Co.. 88 Md. 533, and N. Y. R. Co. v. Jones, 94 Md. 24, decide as follows : First.
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Appeal from the Court of Common Pleas (Stockbridge, J.) The cases of B. & P. R. Co. v. Reaney, 42 Md. 117; Short v. Ry. Co., 50 Md. 73; O'Brien v. Belt R. Co., 74 Md. 363; Garrett v. Lake Roland R. Co., 79 Md. 277; Lake Roland R. Co. v. Webster, 81 Md. 529; Poole v.Falls Road Co.. 88 Md. 533, and N. Y. R. Co. v. Jones, 94 Md. 24, decide as follows : First. That although damage may result from the execution of work which is legally authorized, the doing of' such work cannot be considered a nuisance. Second: In cases like the present, where no part of the plaintiff’s property is physically…
1Opinion of the CourtFowler, J.
This is an action to recover damages brought by George W. Sattler of Baltimore City against the Baltimore Belt and the Baltimore and Ohio Railroad Companies for alleged injury to his property caused by smoke and unwholesome vapors discharged by the engines which are run over the Belt Railroad and by the large amount of noise and vibration caused by such engines and the trains of the defendants.
The narr. alleges “that by reason of the said discharge of smoke and offensive and unwholesome vapors upon the plaintiff’s land and by reason of the said noise and vibration as aforesaid, upon the…
2Cases cited18 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Adams v. MichaelCourt of Appeals of Maryland · 1873
- Susquehanna Fertilizer Co. v. MaloneCourt of Appeals of Maryland · 1890
- Cooper v. RandallIllinois Supreme Court · 1871
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- Simmons v. StateCourt of Appeals of Maryland · 1988
- Rempfer v. Deerfield Packing Corp.Supreme Court of New Jersey · 1950
- Stevens v. City of SalisburyCourt of Appeals of Maryland · 1965
- Consolidated Gas Electric Light & Power Co. v. State Ex Rel. SmithCourt of Appeals of Maryland · 1909
- Taylor v. Mayor of BaltimoreCourt of Appeals of Maryland · 1917
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