Flersheim v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the rulings of the Baltimore City Court (Phelps, J.), on appeal from the action of the Commissioners for Opening Streets, in the matter of the opening of Fairmount avenue from Luzerne street to the eastern city limits.
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Appeal from the rulings of the Baltimore City Court (Phelps, J.), on appeal from the action of the Commissioners for Opening Streets, in the matter of the opening of Fairmount avenue from Luzerne street to the eastern city limits. The trial Court instructed the jury that the lot lying in the bed of Fairmount avenue, for the taking of which by the city the appellant claimed compensation, was dedicated by Samuel Ellinger by the calls and descriptions in the deeds submitted in evidence and that the appellant was consequently entitled to nominal damages only. The Court also granted a motion by…
1Opinion of the CourtBryan, J.
The question in this case is whether there has been a dedication to the public of a portion of a street. On and prior to December ninth, eighteen hundred and seventy-three, Samuel Ellinger was seized in fee-simple of a tract of land in the city of Baltimore which was described as bounding seven hundred and seven feet and six inches on the centre line of Hampstead street. On that day he conveyed to Solomon Straus in trust for an infant grandson of the grantor a small portion of this tract, which was described in the deed as beginning on the north side of Hampstead street, at the distance of…
2Cases cited4 opinions
- Moale v. Mayor of BaltimoreCourt of Appeals of Maryland · 1853
- McCormick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Mayor of Baltimore v. FrickCourt of Appeals of Maryland · 1895
- Christie v. GoldsboroughCourt of Appeals of Maryland · 1774
3Cited by13 opinions
- Attorney General v. Onset Bay Grove Ass'nMassachusetts Supreme Judicial Court · 1915
- Sanderson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1920
- City of Mobile v. ChapmanSupreme Court of Alabama · 1918
- London & San Francisco Bank, Ltd. v. City of OaklandCourt of Appeals for the Ninth Circuit · 1898
- Mayor of Baltimore v. Northern Central Railway Co.Court of Appeals of Maryland · 1898
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