Lake Roland Elevated Railway Co. v. Hibernian Society

Citations

• 83 Md. 420
• 34 A. 1017
• 1896 Md. LEXIS 68

Syllabus

<p>Elevated. Railways—Liability for Damage to Abutting Property— Estoppel of Property Owner to Claim Damages—Prayers— Pleading.</p> <p>A municipal ordinance authorizing the defendant to construct an elevated railway in a street provided that it should be liable for any damage thereby inflicted upon adjoining property. In an action to recover damages so caused to property owned by the plaintiff, a corporation,, the defence was that plaintiff Was estopped to maintain the action because the president of the plaintiff and several of its members had signed a memorial approving of the railway before it was built, and had afterwards stood by and permitted the defendant to expend money in the erection without making complaint. Held,</p> <p>ist. That since there was no evidence that the signers of the memorial had any authority to represent the plaintiff, or assumed any such authority, or that the plaintiff had adopted their action, plaintiff was not thereby estopped.</p> <p>2nd. That- since the plaintiff had no power to prevent the construction of the railway, the same-having been authorized by the Legislature, it was not estopped by its inaction during such construction.</p> <p>3rd. That even if the plaintiff were responsible for the action of the signers of the memorial, yet they must be presumed to have known that by the term's of the ordinance the defendant was required to pay for any damage that might be caused by the erection of the railway.</p> <p>In an action to recover for damages caused to abutting property by the erection of an elevated railway in a city street, it is no defence that the property of the plaintiff was not actually taken, or that the road was constructed under the authority of the Legislature and was not a nuisance and the company not a trespasser.</p> <p>When evidence has been excluded from the consideration of the jury, prayers which maintain that it might be made the basis of a verdict are properly rejected.</p> <p>When a demurrer to a plea is s