Baltimore & Potomac Railroad v. Taylor
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment on verdict in an action for damages to the rental value of real estate. The Court in its opinion stated the case as follows : This is a suit to recover damages for injury to the rental value of certain real estate in square 268, in the city of Washington, alleged to have resulted from the unlawful occupation of the adjacent streets by the appellant.
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Hearing on an appeal by the defendant from a judgment on verdict in an action for damages to the rental value of real estate. The Court in its opinion stated the case as follows : This is a suit to recover damages for injury to the rental value of certain real estate in square 268, in the city of Washington, alleged to have resulted from the unlawful occupation of the adjacent streets by the appellant. The facts of the case, so far as a statement of them seems to be necessary to a proper understanding of the legal questions involved, are these: In 1871, one John H. Taylor was the owner of the…
1Opinion of the Court
Mr..Justice Morris
delivered the opinion of the Court:
There seem to be five questions raised by the appellant: 1st. That the suit should have been instituted by and in the name of the guardian, and not in the name of the children themselves, by their next friend; 2nd. That the side track complained of was a lawful structure, and that the use of it was lawful, and therefore no recovery could be had 3d. That the widow, Anna W. Taylor, had a right of dower in the injured property, and the plaintiffs therefore were not entitled to recover for more than two-thirds of the rental value; 4th. That the…
2Cases cited9 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Thomas v. DikeSupreme Court of Vermont · 1839
- Mayor of Baltimore v. NormanCourt of Appeals of Maryland · 1853
- District of Columbia Commissioners v. Baltimore & Potomac RailroadSupreme Court of the United States · 1885
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3Cited by1 opinion
- Railway Express Agency v. Huntress ex rel. Royal Ins. Co.District of Columbia Court of Appeals · 1947