Legal Opinion

Carroll Springs Distilling Co. v. Schnepfe

Court of Appeals of Maryland

Decided November 19, 1909PublishedCited by 8 opinions

Appeal from the Superior Court of Baltimore City (Stockbridge, J.), where there was a judgment on verdict for the plaintiff for $500. Plaintiff's 1st Prayer. — If the jury find that the defendant caused to he dug in close proximity to the premises of the plaintiff an excavation as detailed in the evidence, and that the defendant so graded its lot of ground that the water which fell upon the same ran into and was accumulated in said excavation, and that the said water so…

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Appeal from the Superior Court of Baltimore City (Stockbridge, J.), where there was a judgment on verdict for the plaintiff for $500. Plaintiff's 1st Prayer. — If the jury find that the defendant caused to he dug in close proximity to the premises of the plaintiff an excavation as detailed in the evidence, and that the defendant so graded its lot of ground that the water which fell upon the same ran into and was accumulated in said excavation, and that the said water so accumulated ran through the intervening earth and into the cellar of plaintiff’s dwelling in such a way as to seriously…

1Opinion of the Court

Burke, L,

delivered the opinion of the Court.

This is the defendant’s appeal from a judgment rendered against it in the Superior Court of Baltimore City. The suit was one in tort, and the declaration contained five counts, each of which set out a distinct cause of action. The first count alleged that the defendant wrongfully caused to issue and proceed from a certain distillery carried on by it large quantities of offensive, poisonous and unwholesome smoke and other vapors and noxious matter which spread and diffused themselves over and upon certain land of the plaintiff, and which settled upon…

2Cases cited11 opinions

  1. Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
  2. Susquehanna Fertilizer Co. v. MaloneCourt of Appeals of Maryland · 1890
  3. Carmine v. BowenCourt of Appeals of Maryland · 1906
  4. Alexander v. WalterCourt of Appeals of Maryland · 1849
  5. Harker v. DementCourt of Appeals of Maryland · 1850

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Litz v. Maryland Department of the EnvironmentCourt of Appeals of Maryland · 2013
  2. Goldstein v. Potomac Electric Power Co.Court of Appeals of Maryland · 1979
  3. Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
  4. Gorman v. SaboCourt of Appeals of Maryland · 1956
  5. Hendrickson v. Standard Oil Co.Court of Appeals of Maryland · 1915

3 more not listed; retrieve them via the Exa API.

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