Legal Opinion

Treusch v. Kamke ex rel. Kamke

Court of Appeals of Maryland

Decided March 11, 1885PublishedCited by 5 opinions

Appeai. from the Court of Common Pleas. The case is stated in the opinion of the Court. First Exception stated in the opinion of the Court.

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Appeai. from the Court of Common Pleas. The case is stated in the opinion of the Court. First Exception stated in the opinion of the Court. Second Exception.- — This exception was taken by the defendant to the rejection of his prayers, nineteen in number, and to the following instructions given by the Court (Phelps, J.) to the jury: 1. If the jury find that the plaintiff, without negligence on her part, was injured hy the falling of the wall of the defendant’s house, and that the fall was occasioned by the want of ordinary care or skill in its erection, which rendered the structure unsafe,…

1Opinion of the CourtStone, J.

This is an action brought by Caroline Kamke against Charles Treusch for a personal tort. The declaration charges that the defendant, Treusch, was possessed of a lot of ground in the City of Baltimore, and that he erected on his lot a warehouse, hut that the building was so carelessly, unskilfully, and negligently put up, and with such insufficient and improper materials, that in consequence thereof the building suddenly fell, and in falling seriously injured the plaintiff, Caroline.

The defendant demurred to the declaration, hut the demurrer was overruled, and the defendant then pleaded not…

2Cited by5 opinions

  1. Gans Salvage Co. v. Byrnes.Court of Appeals of Maryland · 1905
  2. Thillman v. NealCourt of Appeals of Maryland · 1898
  3. Hearn v. QuillenCourt of Appeals of Maryland · 1901
  4. Condon v. SpriggCourt of Appeals of Maryland · 1894
  5. Samarzevosky v. Baltimore City Passenger Railway Co.Court of Appeals of Maryland · 1898

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