Samuel v. Novak
Court of Appeals of Maryland
Appeal from Baltimore City Court (Dennis, J.) Defendant Novak's Prayer. — That by the theory' of the plaintiffs’ case the injury to their property was occasioned by the failure of the said defendant to properly perform a contract entered into between the plaintiffs and said Novak, for 'the protection of their property, that the declaration in this case is in tort, and therefore the verdict of the jury must be for the defendant, Novak.
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Appeal from Baltimore City Court (Dennis, J.) Defendant Novak's Prayer. — That by the theory' of the plaintiffs’ case the injury to their property was occasioned by the failure of the said defendant to properly perform a contract entered into between the plaintiffs and said Novak, for 'the protection of their property, that the declaration in this case is in tort, and therefore the verdict of the jury must be for the defendant, Novak. (GrantedI) Defendant Schlutter's Prayer. — The verdict must be for the defendant, Dora J. Schlutter, because it appears from the plaintiffs’ case that the work…
1Opinion of the Court
Page, -J.,
delivered the opinion of the Court..
' This is an action of tort, brought’by the appellants against the appellees to recover damages for injuries to the appellants’ Louse, occasioned by the alleged carelessness of the appellees. It is alleged in the declaration that the appellees while engaged in removing a building adjacent to the property of the ,appellants, “willfully, carelessly and in an unskillful and unworkmanlike manner, negligently and wrongfully tore down ■and removed a building adjacent to the property.of the said plaintiffs, and then and there excavated and went below the…
2Cases cited2 opinions
- Bonaparte v. WisemanCourt of Appeals of Maryland · 1899
- Farmers & Mechanics Bank v. AllenCourt of Appeals of Maryland · 1862
3Cited by12 opinions
- Mesmer v. Maryland Automobile Insurance FundCourt of Appeals of Maryland · 1999
- Heckrotte v. RiddleCourt of Appeals of Maryland · 1961
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Garden City Floral Co. v. HuntMontana Supreme Court · 1953
- Law v. PhillipsWest Virginia Supreme Court · 1952
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