Mayor & Councilmen of Frostburg v. Dufty
Court of Appeals of Maryland
Appeal from the Circuit Court for Alleghany County. The case is stated in the opinion of the Court. First Exception. — -The plaintiff offered evidence tending to show that the defendant had notice of the condition of the culvert in question, and that the same was insufficient, in time to remedy it; and then offered to prove: “That the water from that part of the hill, southeast of Bowery street, formerly ran eastwardly, hut that the defendant diverted the natural flow of the…
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Appeal from the Circuit Court for Alleghany County. The case is stated in the opinion of the Court. First Exception. — -The plaintiff offered evidence tending to show that the defendant had notice of the condition of the culvert in question, and that the same was insufficient, in time to remedy it; and then offered to prove: “That the water from that part of the hill, southeast of Bowery street, formerly ran eastwardly, hut that the defendant diverted the natural flow of the water from its eastward direction, and made it run into one of the gutters of Bowery street, the easternmost one, and…
1Opinion of the CourtRobinson, J.
The plaintiff’s house is on the east side of Bowery street, opposite the “Hitchins” property, and was injured hy being flooded with surface water and drainage, caused, it is alleged, by the negligent construction of the same sewer across Bowery street, wEich was the .subject matter of controversy in the Hitchins case.
In addition to the proof offered in that case in regard to the grading of Bowery street, and the negligent construction of the sewer, the plaintiff proved that the defendant diverted the natural flow of his surface water from Hill and Loo streets, and conveyed it by gutters to…
2Cited by11 opinions
- Gutowski v. Mayor of BaltimoreCourt of Appeals of Maryland · 1916
- Mayor of Baltimore v. MerrymanCourt of Appeals of Maryland · 1898
- City of Atlanta v. TrussellCourt of Appeals of Georgia · 1917
- United States v. ChodakDistrict Court, D. Maryland · 1946
- Westfarm Associates Ltd. Partnership v. International Fabricare InstituteDistrict Court, D. Maryland · 1993
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