Houck v. Wachter
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. The facts" are sufficiently given in the opinion of the Court.
1Opinion of the CourtBartol, C. J.
This suit was brought by the appellee to recover damages for the alleged obstruction of a highway by the appellant.
The first question presented by the record, and one which, in the opinion of a majority of this Court, is decisive of the case, arises upon the demurrer to the amended declaration. The ground of the demurrer is that the declaration does not contain any sufficient averment of special and particular damage suffered by the plaintiff from the obstruction complained of, to support the action. The obstruction of a highway is a common nuisance, and being a wrong of a public nature, the…
2Cases cited1 opinion
- Mayor of Baltimore v. MarriottCourt of Appeals of Maryland · 1856
3Cited by36 opinions
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- Medical Waste Associates, Inc. v. Maryland Waste Coalition, Inc.Court of Appeals of Maryland · 1992
- Dantzer v. Indianapolis Union Railway Co.Indiana Supreme Court · 1894
- Garitee v. Mayor of BaltimoreCourt of Appeals of Maryland · 1880
- Ruark v. International Union of Operating Engineers, Local Union No. 37Court of Appeals of Maryland · 1929
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