Legal Opinion

Smith Ex Rel. Cushing v. Corporation of Washington

Supreme Court of the United States

Decided February 10, 1858PublishedCited by 65 opinions

This case was brought up, by writ of error, from the Circuit Court of the-United States for the District of Columbia, holden. in and for the county of Washington.

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This case was brought up, by writ of error, from the Circuit Court of the-United States for the District of Columbia, holden. in and for the county of Washington. It was an action bn the-case brought in the Circuit Court by Ann C. Smith, against the corporation of Washington, to recover damages alleged to have been suffered by the plaintiff by reason of the alteration of the grade of K street, in the city of Washington, upou which street the plaintiff’s dwelling-house and messuage were situated. Upon the trial in the court below, after much evidence had been given, the defendants’ counsel…

1Opinion of the CourtJustice Grier

The declaration in this case alleges, in substance, that the plaintiff is owner of a lot in the city of Washington, fronting on K street; that this street was .opened in front of her lot in the year 1831, and became a travelled street; that a wall had been erected in front of the lot, to protect it; that shade trees had been planted in front it; that a sidewalk had been laid; “that defendants unlawfully, wrongfully, and injuriously,” cut down the shade trees, took down the wall, removed the pavement, and dug down the street in front of the premises, thereby obstructing and injuring the…

2Cases cited1 opinion

  1. Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840

3Cited by65 opinions

  1. Bauman v. RossSupreme Court of the United States · 1897
  2. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  3. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  4. United States v. Willow River Power Co.Supreme Court of the United States · 1945
  5. Chicago v. TaylorSupreme Court of the United States · 1888

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