Legal Opinion

Kurrle v. Mayor of Baltimore

Court of Appeals of Maryland

Decided March 31, 1910PublishedCited by 16 opinions

Appeal from the Superior Court of Baltimore City (StOOXBRIDGE, J.). Defendant’s 7th Prayer.—That there is no evidence that Twenty-Second street, as testified to, both in front and in I’ear of the plaintiff’s property is a public street, or that it was opened, graded, paved or curbed by the defendant, and that there is no evidence legally sufficient to show that the course in which surface water flowed prior to the opening, grading, paving and curbing of Twenty-Second street…

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Appeal from the Superior Court of Baltimore City (StOOXBRIDGE, J.). Defendant’s 7th Prayer.—That there is no evidence that Twenty-Second street, as testified to, both in front and in I’ear of the plaintiff’s property is a public street, or that it was opened, graded, paved or curbed by the defendant, and that there is no evidence legally sufficient to show that the course in which surface water flowed prior to the opening, grading, paving and curbing of Twenty-Second street at the time the damages are alleged to have happened was deflected or diverted by any act of the Mayor and City Council…

1Opinion of the Court

Boyd, C. J.,

delivei'ed the opinion of the Court.

The appellant sued the appellee to x’ecover damages for injuries alleged to have been caused to his propex*ty for which he claims it is responsible. The first count of the declaration alleges that the plaintiff was the owner and in possession of a certain business carried on in property in Baltimore City, which fronted on Jenkins lane, and ran back to a stream of water known as Jenkins run; that sometime before the happening of the injuries complained of the defendant constructed a sewer to carry off water which theretofore ran in Jenkins run,…

2Cases cited6 opinions

  1. Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
  2. People v. . ThornNew York Court of Appeals · 1898
  3. Maryland, Delaware & Virginia Railway Co. v. HammondCourt of Appeals of Maryland · 1909
  4. Rigg v. Boston, Revere Beach, & Lynn RailroadMassachusetts Supreme Judicial Court · 1893
  5. County Commissioners v. GanttCourt of Appeals of Maryland · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Peregoy v. Western Maryland RailroadCourt of Appeals of Maryland · 1953
  2. Bergeman v. State Roads CommissionCourt of Appeals of Maryland · 2001
  3. Shafer v. State Ex Rel. SundergillCourt of Appeals of Maryland · 1937
  4. Cordish v. BloomCourt of Appeals of Maryland · 1921
  5. Gutowski v. Mayor of BaltimoreCourt of Appeals of Maryland · 1916

11 more not listed; retrieve them via the Exa API.

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