Legal Opinion

Mayor of Baltimore v. Lobe

Court of Appeals of Maryland

Decided January 9, 1900PublishedCited by 9 opinions

Appeal from the Superior Court of Baltimore City ( Ritchie, J.) There was a verdict below for the plaintiff for $2,000. The plaintiff’s first prayer was that: "if the jury find from the evidence that the defendant caused a trench to be dug in the bed of a public street or thoroughfare in the city of Baltimore called Pratt street, for the purpose of laying therein a water main, and that thereafter the said trench was negligently and improperly filled up by the defendant’s…

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Appeal from the Superior Court of Baltimore City ( Ritchie, J.) There was a verdict below for the plaintiff for $2,000. The plaintiff’s first prayer was that: "if the jury find from the evidence that the defendant caused a trench to be dug in the bed of a public street or thoroughfare in the city of Baltimore called Pratt street, for the purpose of laying therein a water main, and that thereafter the said trench was negligently and improperly filled up by the defendant’s servants, and that by reason thereof the soil therein was soft and said street was thereby rendered dangerous and unfit for…

1Opinion of the CourtPage, J.

This suit was brought by the appellee to recover damages for injuries to him while driving along Wolfe street, near Pratt, in the City of Baltimore, caused, it is alleged, by the negligence of the City in not maintaining that street in proper repair.

At the point where the accident occurred, the street had been dug up for the purpose of laying water mains, and it is charged that the trench made, though filled to the surface, had not been properly repaired, so that when the plaintiff attempted to drive over it, his horse sank in the soft earth, and becoming frightened, ran away. The plaintiff…

2Cases cited5 opinions

  1. Handy v. JohnsonCourt of Appeals of Maryland · 1853
  2. Dietrich v. Baltimore & Hall's Springs Railway Co.Court of Appeals of Maryland · 1882
  3. Franklin Bank v. Pennsylvania, Delaware & Maryland Steam Navigation Co.Court of Appeals of Maryland · 1839
  4. Wright v. StateCourt of Appeals of Maryland · 1898
  5. President of Baltimore & Yorktown Turnpike Road v. ParksCourt of Appeals of Maryland · 1891

3Cited by9 opinions

  1. United Railways & Electric Co. v. ClomanCourt of Appeals of Maryland · 1908
  2. Burkowske v. Church Hospital Corp.Court of Special Appeals of Maryland · 1982
  3. Montgomery Bus Lines, Inc. v. DiehlCourt of Appeals of Maryland · 1930
  4. State v. B. O.R.R. Co.Court of Appeals of Maryland · 1912
  5. Singer Transfer Co. v. Buck Glass Co.Court of Appeals of Maryland · 1935

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