Murray v. McShane
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This action was brought by the appellant against the appellees, and at the conclusion of a jury trial, the narr. was amended to appear as follows : Eor that the said defendants, at the time of happening of the grievance hereinafter complained of, and for a long time previously thereto, were possessed of certain fixed property, situate in the City of Baltimore aforesaid, to wit: a messuage fronting on a public street in the said city,…
Read the full summary
Appeal from the Court of Common Pleas. This action was brought by the appellant against the appellees, and at the conclusion of a jury trial, the narr. was amended to appear as follows : Eor that the said defendants, at the time of happening of the grievance hereinafter complained of, and for a long time previously thereto, were possessed of certain fixed property, situate in the City of Baltimore aforesaid, to wit: a messuage fronting on a public street in the said city, generally known as “Hillen street,” therein; and being so possessed thereof, they suffered and permitted the front wall…
1Opinion of the CourtBowie, J.
The question raised by the demurrer in this case is, whether the owner of a house fronting on a public street, is bound to keep it in such a state of repair, that persons passing by, and lawfully using the property and street shall be protected from harm ?
The averments of the narr. admitted by the demurre'r are substantially as follows :
The defendants being the owners of a house fronting'on a public street in Baltimore, suffered the walls to become dilapidated, and the plaintiff passing the said house sat on the sill of the door temporarily for a necessary purpose, his head being projected…
2Cases cited2 opinions
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Irwin v. SpriggCourt of Appeals of Maryland · 1847
3Cited by17 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Strasburger v. VogelCourt of Appeals of Maryland · 1906
- Sinkovitz v. Peters Land Co.Court of Appeals of Georgia · 1909
- Poling v. Ohio River R.West Virginia Supreme Court · 1893
- Mayor and City Council of Baltimore v. United StatesCourt of Appeals for the Fourth Circuit · 1945
12 more not listed; retrieve them via the Exa API.