Mayor of Baltimore v. Musgrave
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This action was brought by the appellee, the owner of a tannery on Jones’ Falls, in the City of Baltimore, to recover from the appellant for the loss and damage occasioned by the suspension of his business under circumstances set out in the opinion of the Court.
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Appeal from the Superior Court of Baltimore City. This action was brought by the appellee, the owner of a tannery on Jones’ Falls, in the City of Baltimore, to recover from the appellant for the loss and damage occasioned by the suspension of his business under circumstances set out in the opinion of the Court. Exception. — The evidence on both sides being closed, the plaintiff offered the following prayer, which the Court (Dobbin, J.,) granted: If the jury shall find that the property of the plaintiff on Front street was within the lines of the Jones’ Falls improvement, as laid down,…
1Opinion of the CourtMiller, J.
A municipal corporation has the right to abandon any contemplated improvement, and repeal at its pleasure any ordinance providing for the same, and after such abandonment, property owners cannot compel the corporation to take and pay for property condemned for such purpose, nor does any action lie against the corporation for such abandonment merely. These propositions have been settled by many decisions of this Court. Graff vs. Mayor, &c., 10 Md., 544; McClellan vs. Graves, 19 Md., 351; Norris vs. Mayor, &c., 44 Md., 606. But the same authorities hold, that where the owner of property has…
2Cases cited9 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Mayor of Balto. v. ReynoldsCourt of Appeals of Maryland · 1863
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
- Mayor of Baltimore v. EschbachCourt of Appeals of Maryland · 1862
- Adams' Express Co. v. TregoCourt of Appeals of Maryland · 1872
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3Cited by28 opinions
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- Smith v. Erie Rd. Co.Ohio Supreme Court · 1938
- Alternatives Unlimited, Inc. v. New Baltimore City Board of School CommissionersCourt of Special Appeals of Maryland · 2004
- Gontrum v. Mayor of BaltimoreCourt of Appeals of Maryland · 1943
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