Hitchins Bros. v. Mayor of Frostburg
Court of Appeals of Maryland
Appeal from the Circuit Court for Alleghany County. The ease is stated in the opinion of the Court. First Exception.—At the trial the plaintiffs offered the following prayer, which the Court (Hoffman and Syester, J.,) rejected: That if the jury find from the evidence that the defendant built the culvert or underground sewer spoken of by the witnesses, leading from a point on Bowery street opposite Charles street, diagonally across said Bowery street, and emptying on the…
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Appeal from the Circuit Court for Alleghany County. The ease is stated in the opinion of the Court. First Exception.—At the trial the plaintiffs offered the following prayer, which the Court (Hoffman and Syester, J.,) rejected: That if the jury find from the evidence that the defendant built the culvert or underground sewer spoken of by the witnesses, leading from a point on Bowery street opposite Charles street, diagonally across said Bowery street, and emptying on the south side thereof, and that said culvert or sewer was intended to receive and carry off' the surface water flowing through…
1Opinion of the CourtAlvey, C. J.
This action was brought to recover damages alleged to have been suffered, by reason of the backing and overflow of water, mud, &c. upon the property of the plaintiffs, caused, as it is alleged, by a badly constructed and insufficient underground sewer, in the town of Frostburg. It is alleged that, in the grading of two of the streets of the town, the surface water was diverted from its natural *106course and flow, and collected into artificial drains or gutters in large volumes, and thereby caused to flow to a point, in Bowery street opposite and near to the property of the plaintiffs, on the…
2Cases cited14 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Mayor of Baltimore v. MarriottCourt of Appeals of Maryland · 1856
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
9 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- James v. Prince George's CountyCourt of Appeals of Maryland · 1980
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Taylor v. Mayor of BaltimoreCourt of Appeals of Maryland · 1917
- Mayor of Baltimore v. EagersCourt of Appeals of Maryland · 1934
- Guest v. Commissioners of Church HillCourt of Appeals of Maryland · 1900
45 more not listed; retrieve them via the Exa API.