Kennedy v. Mayor & City Council
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff's offered three ■prayers, the third of which defining the measure of damages, was conceded and is omitted, the first and second are as follows : 1. That if the jury find from the evidence that iShriver’s Addition to Cumberland was laid out by Henry ■ Shriver in 1871, and that Lee street (mentioned in the plaintiffs’ declaration) was then…
Read the full summary
Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff's offered three ■prayers, the third of which defining the measure of damages, was conceded and is omitted, the first and second are as follows : 1. That if the jury find from the evidence that iShriver’s Addition to Cumberland was laid out by Henry ■ Shriver in 1871, and that Lee street (mentioned in the plaintiffs’ declaration) was then laid out as one of the ■streets in said Addition, and that in 1873 said street was opened for public travel, and ever…
1Opinion of the CourtMiller, J.
Mrs. Margaret Kennedy was injured on the 14th of September, 1885, by the falling of a bridge over which. *519she was walking. This bridge was a portion of the deck of a canal boat thrown over a gully, which ran across an alleged street, in the City of Cumberland, called Lee street. The accident was caused by the unsafe condition of the bridge, and she and her husband brought this suit against the city to recover damages for the injury. The declaration alleges that this was a public street or highway, which it was the duty of the city to keep in repair, and the action was defended upon the ground…
2Cases cited7 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Thomas v. FordCourt of Appeals of Maryland · 1885
- McCormick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Gardner v. City Of BaltimoreCourt of Appeals for the Fourth Circuit · 1992
- People v. ReedCalifornia Supreme Court · 1889
- City of Chicago v. DrexelIllinois Supreme Court · 1892
- Cox v. Board of County CommissionersCourt of Appeals of Maryland · 1943
- Jackson v. Pennsylvania RailroadCourt of Appeals of Maryland · 1939
26 more not listed; retrieve them via the Exa API.