Legal Opinion

Horn v. Mayor of Baltimore

Court of Appeals of Maryland

Decided February 25, 1869PublishedCited by 15 opinions

Appeal from the Superior Court of Baltimore City. This was an action brought against the appellees, by the appellant to recover for damages done to a certain lot of ground belonging to him, by reason of the grading of North avenue.

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Appeal from the Superior Court of Baltimore City. This was an action brought against the appellees, by the appellant to recover for damages done to a certain lot of ground belonging to him, by reason of the grading of North avenue. Exception: The plaintiff to support the issue on his part, offered in evidence the transcript of the record in the case of The Mayor and Oity Council of Baltimore, et al. vs. Barter, decided by this Court 9th of April, 1862; and it was agreed for the purposes of this appeal that either party might use and refer to any part of the record, and to any of the papers…

1Opinion of the CourtBbeNT, J.

This suit was instituted against the Mayor and City Council of Baltimore, to recover for damages done to a certain -lot of ground, belonging to the appellant, by reason of the grading of North avenue, which so intersected it as to impair, if not wholly destroy its value.

The decision of this Court in Porter’s Case, (18 Md., 284,) relieves us from the necessity of examining the various laws and evidences cited in the argument for the purpose of ascertaining the power and authority of the appellees to grade the avenue in question. It was there held, that they had no siich authority under the…

2Cases cited2 opinions

  1. Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
  2. Gates v. BeecherNew York Court of Appeals · 1875

3Cited by15 opinions

  1. Alternatives Unlimited, Inc. v. New Baltimore City Board of School CommissionersCourt of Special Appeals of Maryland · 2004
  2. Gontrum v. Mayor of BaltimoreCourt of Appeals of Maryland · 1943
  3. River Walk Apartments, LLC v. TwiggCourt of Appeals of Maryland · 2007
  4. Jewel Tea Co. v. Town of Bel AirCourt of Appeals of Maryland · 1937
  5. Mayor of Baltimore v. MusgraveCourt of Appeals of Maryland · 1878

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