Dowling v. Hennings
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City : Tresspass on the case by the appellee against tbe appellants, to recover damages for loss and injury sustained by tbe former in consequence of tbe removal of a party -wall by the latter, wbicb resulted in tbe fall of the appellee’s bouse. Tbe case is stated in the opinion of this Court.
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Appeal from tbe Superior Court of Baltimore City : Tresspass on the case by the appellee against tbe appellants, to recover damages for loss and injury sustained by tbe former in consequence of tbe removal of a party -wall by the latter, wbicb resulted in tbe fall of the appellee’s bouse. Tbe case is stated in the opinion of this Court. Tbe cause was arg’ued before Bowie, O. J., and Golds-borough and Cochran, J. 1. That tbe owner of any old bouse in a growing city, has a right to take it down and erect new buildings on bis lot, and that be is not responsible for any damage wbicb may thereby…
1Opinion of the CourtCochran, J.
This suit was brought by the appellee; to recover damages caused by the appellant’s removal of a partition wall between the house occupied by the appellee as tenant, and one owned bjr the appellant Dowling.
The record contains evidence showing that the houses in question were built on adjoining lots in 1802, with a three feet alley for mutual use, running between them from front to rear; that the walls' of the alley, closing in an arch at the top, were built one on each lot, and by lintels placed upon them supported the partition wall between, and into which the houses above the alley were…
2Cases cited2 opinions
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3Cited by13 opinions
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- Mitchell v. SeipelCourt of Appeals of Maryland · 1880
- Sullivan v. DonohoeMassachusetts Supreme Judicial Court · 1934
- Glenn v. DavisCourt of Appeals of Maryland · 1872
- Brown v. WernerCourt of Appeals of Maryland · 1874
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