Sinclair v. Mayor of Baltmore
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception—The testimony on both sides being closed, the plaintiff offered the two following prayers: 1. That if the jury find from the evidence in this cause, that Eayette street, a public street of the City of Baltimore, was, on the night of the 26th March, 1881, obstructed by a pile of bricks and mortar lying in front of two houses then being erected on said Fayette street, and that…
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception—The testimony on both sides being closed, the plaintiff offered the two following prayers: 1. That if the jury find from the evidence in this cause, that Eayette street, a public street of the City of Baltimore, was, on the night of the 26th March, 1881, obstructed by a pile of bricks and mortar lying in front of two houses then being erected on said Fayette street, and that said, obstruction necessarily rendered Fayette street dangerous; and unsafe for public travel, then it was the duty of the…
1Opinion of the CourtAlvey, J.
This case is fully within the principle of Altvater’s Case, 31 Md., 462, and must be ruled by it. There is nothing in the facts of the present case to distinguish it in principle, and the plaintiff failing to present a case upon which he could recover, the Court below could not do otherwise than direct a verdict for the defendant.
The grievance here complained of is not that the street was allowed to remain out of repair, or that a dangerous obstruction was produced therein while in course of repair, but that there was allowed to remain in it a dangerous obstruction, of which the plaintiff was…
2Cases cited3 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Mayor of Baltimore v. O'DonnellCourt of Appeals of Maryland · 1880
- Altvater v. Mayor of BaltimoreCourt of Appeals of Maryland · 1869
3Cited by20 opinions
- Clea v. Mayor of BaltimoreCourt of Appeals of Maryland · 1988
- East Coast Freight Lines, Inc. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1948
- Mayor of Baltimore v. ClarkCourt of Appeals of Maryland · 2008
- Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890
- Cordish v. BloomCourt of Appeals of Maryland · 1921
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