Legal Opinion

Baltimore & Potomac Railroad v. Reaney

Court of Appeals of Maryland

Decided March 12, 1875PublishedCited by 78 opinions

Appeal from the Court of Common Pleas. The facts of the case are sufficiently stated in ■ the opinion of the Court, The first exception was taken hy the defendants to the granting by the Court below, of the second, third and fourth prayers of the plaintiff. The second exception was taken hy the defendants to the refusal by the Court to grant their third and fifth prayers. The verdict and judgment being for the plaintiff, the defendants appealed.

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Appeal from the Court of Common Pleas. The facts of the case are sufficiently stated in ■ the opinion of the Court, The first exception was taken hy the defendants to the granting by the Court below, of the second, third and fourth prayers of the plaintiff. The second exception was taken hy the defendants to the refusal by the Court to grant their third and fifth prayers. The verdict and judgment being for the plaintiff, the defendants appealed. The right to enter the City of Baltimore, and construct its railroad within the limits of the city, was conferred hy the Legislature upon the…

1Opinion of the CourtAlvey, J.

This was an action on the case instituted by the appellee, the plaintiff below, to recover of the appellants for injuries alleged to have been done to his house, by reason of the construction of a railroad tunnel by the appellants, under the bed of Wilson street, in the City of Baltimore.

The house alleged to have been injured is situated on the southwest side of Madison avenue, and adjoins the house on the corner of that avenue and Wilson street, and stands twenty-four feet and four inches northwest of Wilson street; the two houses being joined together by iron girders and other secure…

2Cases cited4 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. Vandenburgh v. TruaxNew York Supreme Court · 1847
  3. Annapolis & Elkridge Railroad v. GanttCourt of Appeals of Maryland · 1873
  4. Philadelphia, Wilmington & Baltimore Railroad v. ConstableCourt of Appeals of Maryland · 1873

3Cited by78 opinions

  1. Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
  2. West Virginia Central & Pittsburg R. Co. v. State Ex Rel. FullerCourt of Appeals of Maryland · 1903
  3. Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
  4. Coy v. Indianapolis Gas Co.Indiana Supreme Court · 1897
  5. Walker v. StrosniderWest Virginia Supreme Court · 1910

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