Irwin v. Sprigg
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was a special action on the case, brought by the appellee against the appellant, as the possessor and occupier of a certain house, near unto a common street, in which said street there was and is, a certain area before a certain basement window of, and belonging to the said house, for the purpose of admitting light into said window; that the defendant, &c. wrongfully permitted the said area to be and continue, without any fence,…
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Appeal from Baltimore County Court. This was a special action on the case, brought by the appellee against the appellant, as the possessor and occupier of a certain house, near unto a common street, in which said street there was and is, a certain area before a certain basement window of, and belonging to the said house, for the purpose of admitting light into said window; that the defendant, &c. wrongfully permitted the said area to be and continue, without any fence, railing, cover or protection, by means whereof the plaintiff wras injured and damaged, as stated in the proof. Plea, non ml.…
1Opinion of the CourtMartin, J.
This was an action on the case instituted in Baltimore County Court, by the appellee against the appellant, to recover *204damages for an injury alleged to have been sustained by falling into an open area in front of the house of the appellant on Perry street, in the City of Baltimore. Issue was joined on the plea of not guilty, and it is only necessary to refer with particularity to that portion of the testimony which related to the size and character of this area.
Upon this subject, the plaintiff proved at the trial of the cause, that the area was made by excavating the pavement leading along…
2Cited by13 opinions
- Harrison v. Montgomery County Board of EducationCourt of Appeals of Maryland · 1983
- Owings v. JonesCourt of Appeals of Maryland · 1856
- Smith v. State Ex Rel. WalshCourt of Appeals of Maryland · 1901
- Brown v. AlterMassachusetts Supreme Judicial Court · 1925
- Harrower v. RitsonNew York Supreme Court · 1861
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