Mayor of Baltimore v. Cowen
Court of Appeals of Maryland
Appeal from a judgment of the Superior Court of Baltimore City (Ritchie, J.). At the trial, the defendant’s tenth prayer instructed the jury that the city of Baltimore, in the exercise of the power conferred upon it by the city, has the paramount right to construct sewers in and along and under public streets of the city as it sees fit, and that for such incidental injuries as result therefrom, as complained of in this action, it is not liable.
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Appeal from a judgment of the Superior Court of Baltimore City (Ritchie, J.). At the trial, the defendant’s tenth prayer instructed the jury that the city of Baltimore, in the exercise of the power conferred upon it by the city, has the paramount right to construct sewers in and along and under public streets of the city as it sees fit, and that for such incidental injuries as result therefrom, as complained of in this action, it is not liable. The Court refused all of defendant’s prayers, and instructed the jury as follows: From the uncontradicted evidence in the case it appears that in the…
1Opinion of the CourtMcSherry, C. J.
This suit was instituted by the receivers of the. Baltimore and Ohio Railroad Company to recover from the mayor and city council of Baltimore the expenses which plaintiffs incurred in consequence of the construction of a sewer by the city under a portion of the railroad company’s tracks. There is no dispute about the facts. From eighteen hundred and sixty-one until the present time the company has held by a prescriptive right, if by no other title, the actual possession of a lot of ground about sixty-six by sixty-six feet in size. Whether this adverse possession gave the company a fee simple…
2Cases cited6 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Grand Rapids v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
- Kansas Central Railroad v. Board of CommissionersSupreme Court of Kansas · 1891
- Kirby v. Citizens' Railway Co.Court of Appeals of Maryland · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Guest v. Commissioners of Church HillCourt of Appeals of Maryland · 1900
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- Central Passenger Railway Co. v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1902
- Dobler v. Mayor of BaltimoreCourt of Appeals of Maryland · 1926
- Baltimore & Ohio R. R. v. KaneCourt of Appeals of Maryland · 1914
11 more not listed; retrieve them via the Exa API.