Kane v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Equity side of the Superior Court of Baltimore city. By the Act, of 1853, ch. 376, entitled “An Act for supplying the City of Baltimore with pure water,” the Mayor and City Council of Baltimore were authorized to contract, and agree with the owners, to purchase and “hold in fee-simple, or for a term of years, any land, real estate, spring, brook, water and water-course, which they may conceive expedient and necessary for the purpose of conveying water into…
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Appeal from the Equity side of the Superior Court of Baltimore city. By the Act, of 1853, ch. 376, entitled “An Act for supplying the City of Baltimore with pure water,” the Mayor and City Council of Baltimore were authorized to contract, and agree with the owners, to purchase and “hold in fee-simple, or for a term of years, any land, real estate, spring, brook, water and water-course, which they may conceive expedient and necessary for the purpose of conveying water into the said city: for the use of the said city, and for the heálth and convenience of the inhabitants thereof,” and in case…
1Opinion of the CourtLe Grand, C. J.
This is an appeal from an order of the judge of the Superior court of Baltimore city. The case made by the bill may be thus stated. Á person of the name of Samuel D. Tonge had a leasehold interest in a piece of land in Baltimore county, through which flows a stream called “Jones’ Falls.” On this land and the stream a valuable merchant flour mill stood. ’ Under the Act of 1853, chapter 376, entitled, “An Act to supply the City of Baltimore with pure water,” the city caused that part of the land constituting the bed of the stream to be condemned, and the amount of the condemnation money was…
2Cases cited1 opinion
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
3Cited by9 opinions
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
- David v. Portland Water CommitteeOregon Supreme Court · 1886
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Mayor of Baltimore v. BouldinCourt of Appeals of Maryland · 1865
- Mayor of Baltimore v. DayCourt of Appeals of Maryland · 1899
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