Gunther v. Dranbauer

Citations

• 86 Md. 1
• 38 A. 33
• 1897 Md. LEXIS 116

Syllabus

<p>Local and Transitory Actions-—Obstruction Placed in a Highway— Negligence—Demurrer—Appeal—Special Exception Requisite to Prayer Assuming a Fact.</p> <p>An action to recover damages for an injury to real estate or for interference with an easement in land, such as a right of way, is local and must be brought in the county where the land is situated. But an action for an injury to the person of the plaintiff', no matter by what means occasioned or where inflicted, is transitory.</p> <p>An action to recover damages for an injury occasioned by defendant’s negligence in placing an obstruction in a highway is transitory and need not be brought in the county where the highway runs, when such action does not involve any question as to plaintiff’s right t0‘ use the highway.</p> <p>Defendant constructed a sewer by the side of a street, the sewer being-covered by iron bars not strong enough to support heavy vehicles. To protect the same a post two and a-half feet high was planted some feet out in the roadbed. Held,</p> <p>1st. That the making of the sewer in or across the highway in such a. manner as to be dangerous to travellers on the highway was a wrong for which, if an injury happened on account of it, an action would lie.</p> <p>2nd. That the placing of the post in the highway was likewise a wrong which would furnish a cause of action if injury resulted therefrom, and it was no excuse that the post was so placed in order to guard against injuries that might be caused by the sewer.</p> <p>When a demurrer is filed to a whole declaration, it is properly overruled if any count in the declaration is good</p> <p>Under Code, Art. 5, sec. 9, the objection that .there was no evidence legally sufficient to support an instruction actually given by the trial Court, or that such instruction assumed a fact or submitted a question of law to the jury, cannot be made in the Court of Appeals unless it appears from the record that the objection Was specially made to and decided by the tr