Johnson v. Baltimore & Potomac Railroad
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainant from a decree dismissing a bill for an injunction. The Court in its opinion stated the case as follows: This is a suit in equity instituted in the Supreme Court of the District of Columbia by the appellant, J. Harrison Johnson, to enjoin the Baltimore & Potomac Railroad Company from the maintenance and use of certain railroad tracks and switches on Maryland avenue, in the city of Washington, adjacent to the appellant’s residence, which…
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Hearing on an appeal by the complainant from a decree dismissing a bill for an injunction. The Court in its opinion stated the case as follows: This is a suit in equity instituted in the Supreme Court of the District of Columbia by the appellant, J. Harrison Johnson, to enjoin the Baltimore & Potomac Railroad Company from the maintenance and use of certain railroad tracks and switches on Maryland avenue, in the city of Washington, adjacent to the appellant’s residence, which are claimed by him to be unlawful and to constitute a nuisance. The appellant is the owner of four lots of ground in…
1Opinion of the CourtJustice Morris
There are two conditions under which the appellee would be subject to legal liability at the suit of the appellant. First, if the appellee occupied the public thoroughfare and the public space adjacent to the appellant’s residence, without warrant of law, and special annoyance and discomfort resulted to the appellant from such occupation over and above the annoyance and discomfort resulting to the public in general, he is entitled to his remedy for the obstruction so far as the *501same has become a nuisance to him. Secondly, if the appellee occupies the public thoroughfare and the public space…
2Cases cited8 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
- Irwin v. DixionSupreme Court of the United States · 1850
- Olmsted v. Loomis & GravesNew York Supreme Court · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ortberg v. Goldman Sachs GroupDistrict of Columbia Court of Appeals · 2013