Mayor of Baltimore v. Pendleton
Court of Appeals of Maryland
Appeal from the Court of Comm.oijPleas,, This action, was brought in May 185,6, by the appellees, against the appellants, to recover damages for an injury done to the plaintiffs’ horse, occasioned by the digging of a trench in Carden street, in the city of Baltimore, into which the horse fell, and was thereby so crippled as to become worthless» Rlea, not guilty. Exception. The facts of the case as disclosed by the evidence axe fully stated in the opinion of this court.
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Appeal from the Court of Comm.oijPleas,, This action, was brought in May 185,6, by the appellees, against the appellants, to recover damages for an injury done to the plaintiffs’ horse, occasioned by the digging of a trench in Carden street, in the city of Baltimore, into which the horse fell, and was thereby so crippled as to become worthless» Rlea, not guilty. Exception. The facts of the case as disclosed by the evidence axe fully stated in the opinion of this court. The defendants asked two instructions to the jury. 1st. If, from the evidence in the cause, the jury find the said ditch or…
1Opinion of the CourtLe Grand, C. J.
The question involved in this case is res adjudicata in this 'State. The action was brought to recover damages for an injury done to a horse, occasioned by the digging of atrench, or hole, in Garden street-, ih'th'e city of Baltimore, into which 'the horse of the 'plaintiffs fell, and Was thereby so crippled as to 'become Worthless-. There is no dispute as to the facts. The trench was dug opposite to a house on the street by the owner thereof, for the purpose of inserting his private pipe into the main pipe belonging to the city and running along the centre of the street, with the view of…
2Cases cited2 opinions
- Mayor of Baltimore v. MarriottCourt of Appeals of Maryland · 1856
- Mutual Safety Insurance v. CohenCourt of Appeals of Maryland · 1846
3Cited by26 opinions
- Duncan v. KoustenisCourt of Appeals of Maryland · 1970
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Flynn v. Canton Co.Court of Appeals of Maryland · 1874
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- State Ex Rel. Weddle v. Board of County School CommissionersCourt of Appeals of Maryland · 1902
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