Lake Roland Elevated Railway Co. v. Webster

Citations

• 81 Md. 529
• 32 A. 186
• 1895 Md. LEXIS 60

Syllabus

<p>Elevated Railways — Liability for Injury to Property Owner.</p> <p>When the construction of an elevated railway in a city street diminishes the rental value of property leased to the plaintiff, he is entitled to recover damages therefor to the extent to which the usable value of his premises has been thereby diminished, although the premises ' are not directly opposite the elevated structure.</p> <p>The fact that a corporation is authorized to build and operate an elevated railway does not exempt it from liability for injuries to property lying upon or near to the street occupied.</p> <p>An elevated railway, duly authorized to be constructed, upon a street of a city, is not a nuisance, and no one can maintain an action for the damage caused by such obstruction to travel which he suffers in common with the public at large.</p>