Mayor of Frostburg v. Wineland
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County (Williams, J.) The Mayor and Councilmen are the judges of what obstructs and constitutes a nuisance of the public streets and their action is not reviewable by the Courts and especially true is that principle of law in this case. The whole street is used for public travel and the trees are on that portion of the street that is most traveled and almost the center of the business portion of the main business street in the town.
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Appeal from the Circuit Court for Allegany County (Williams, J.) The Mayor and Councilmen are the judges of what obstructs and constitutes a nuisance of the public streets and their action is not reviewable by the Courts and especially true is that principle of law in this case. The whole street is used for public travel and the trees are on that portion of the street that is most traveled and almost the center of the business portion of the main business street in the town. The action of a municipal corporation in regards to obstruction on the streets can not be reviewed by a Court of equity…
1Opinion of the CourtBriscoe, J.
On the 5th day of November, 1902, the appellee filed a bill in the Circuit Court for Allegany County, in equity, against the appellants, for an injunction to restrain the Mayor and Councilmen of Frostburg from cutting down and removing two shade trees at the curb, between the sidewalk and the street, and in front of the appellee’s property and within the corporate limits. '
The bill in substance charges that the destruction of the trees is wholly useless and without authority, and that it is .not necessary to the proper grading, paving, curbing or sewering of the street. It is further alleged…
2Cases cited8 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Alberger v. Mayor of BaltimoreCourt of Appeals of Maryland · 1885
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
- Burgess & Commissioners v. StocksdaleCourt of Appeals of Maryland · 1902
- Clark v. DassoMichigan Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- Mayor of Hagerstown v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1908
- Morris v. Salt Lake CityUtah Supreme Court · 1909
- Webber v. Salt Lake CityUtah Supreme Court · 1911
- Burley v. City of AnnapolisCourt of Appeals of Maryland · 1943
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