Legal Opinion

Shafer v. Wilson

Court of Appeals of Maryland

Decided March 7, 1876PublishedCited by 32 opinions

Appeal from the Baltimore City Court. This action was instituted in the Court below by the appellee, to recover damages for the breaking up of his business, by the acts of the appellant. The plaintiff was the lessee for a short term of years of a house and lot in the City of Baltimore, where he was conducting a restaurant and public bar, (known as the “Lexington Street Green House,”) at the time of the acts complained of.

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Appeal from the Baltimore City Court. This action was instituted in the Court below by the appellee, to recover damages for the breaking up of his business, by the acts of the appellant. The plaintiff was the lessee for a short term of years of a house and lot in the City of Baltimore, where he was conducting a restaurant and public bar, (known as the “Lexington Street Green House,”) at the time of the acts complained of. The defendant was the owner of the adjoining premises and made certain improvements and excavations thereon, which it was claimed were done in a negligent and unskilful…

1Opinion of the CourtStewart, J.

No point was made in the appellant’s brief, as to the admissibility of the articles of agreement between Wilson and Bond, referred to in the first exception.

The question is immaterial to the determination of the issues involved, and it is unnecessary further to advert to it.

The City Court committed no error in its ruling in the second and third exceptions, on the question proposed to the plaintiff, “as to the usual profits of his business prior to the commencement of the digging by Shafer,” and the answer of the witness thereto, “that they were from $15 to $20 per day.”

The plaintiff claimed…

2Cases cited2 opinions

  1. Brown v. WernerCourt of Appeals of Maryland · 1874
  2. Cooke v. EnglandCourt of Appeals of Maryland · 1867

3Cited by32 opinions

  1. Central Coal & Coke Co. v. HartmanCourt of Appeals for the Eighth Circuit · 1901
  2. City of Teree Haute v. HudnutIndiana Supreme Court · 1887
  3. Lambert v. HaskellCalifornia Supreme Court · 1889
  4. Walker v. StrosniderWest Virginia Supreme Court · 1910
  5. American Const. Co. v. CaswellCourt of Appeals of Texas · 1911

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