Baltimore & Potomac Railroad v. Fifth Baptist Church
Supreme Court of the United States
' IN ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. Action in tbe nature of an áction on the case to recover damages for the discomfort occasioned by "the establishment of a building for housing the locomotive engines of a railroad company, contiguous to a building used for Sunday schools and public worship by a religious society.
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' IN ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. Action in tbe nature of an áction on the case to recover damages for the discomfort occasioned by "the establishment of a building for housing the locomotive engines of a railroad company, contiguous to a building used for Sunday schools and public worship by a religious society. The following is the statement of facts as prepared by the court: The .Fifth Baptist Church, the plaintiff in the court below, was a religious corporation, created under the general- incorporation act of Congress in force in the District of Columbia. It…
1Opinion of the CourtJustice Field
If the facts are established which the evidence tended to prove, and from the verdict of the jury we must so infer, there can he no doubt of the right of the plaintiff to recover. The engine house and repair shop of the railroad company, as they were used, rendered it impossible for the plaintiff to occupy its building with any comfort as a place of public worship. The hammering in the shop, the rumbling of the engines passing in and out of the engine house, the blowing off of steam, the ringing of bells, the sounding of whistles, and the smoke from the chimneys, with its cinders, dust, and…
2Cases cited5 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Crittenden v. WilsonNew York Supreme Court · 1825
- Commonwealth v. KidderMassachusetts Supreme Judicial Court · 1871
- Peck v. WhitingSupreme Court of Connecticut · 1851
3Cited by310 opinions
- City of Tyler v. LikesTexas Supreme Court · 1998
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
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