Bonaparte v. Wiseman
Court of Appeals of Maryland
Appeal from a judgment of the Court of Common Pleas of Baltimore City (Harlan, C. J.) The defendant’s fourth and seventh prayers which were rejected are set forth in the opinion of the Court.
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Appeal from a judgment of the Court of Common Pleas of Baltimore City (Harlan, C. J.) The defendant’s fourth and seventh prayers which were rejected are set forth in the opinion of the Court. His other prayers, which were granted, were as follows : Defendant's ist Prayer.- — If the jury find from the evidence that a reasonable time before the witness, Anderson, commenced to dig under the foundation wall of the defendant’s house next to the premises No. 815 King street on the east, but separated from it by an alley about two feet six inches wide, the defendant notified the plaintiff of his…
1Opinion of the CourtSchmucker, J.
This suit was instituted by the appellee, who is life-tenant of the house and lot No. 815 King street, in Baltimore City, to recover damages for injury to her house resulting from an excavation made by the appellant on the adjoining lots, Nos. 811 and 813 King street, for the purpose of erecting a warehouse thereon. All three lots were originally improved by dwellings. The house of the appellee was separated from those of the appellant by an alley two and a-half feet wide, which lay almost entirely upon the land of the latter; but was used by both parties in common.
The appellant, desiring to…
2Cases cited3 opinions
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Shafer v. WilsonCourt of Appeals of Maryland · 1876
3Cited by38 opinions
- Young v. MasciSupreme Court of the United States · 1933
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Hester v. BandyMississippi Supreme Court · 1993
- Frenkil v. JohnsonCourt of Appeals of Maryland · 1939
- Law v. PhillipsWest Virginia Supreme Court · 1952
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