Mayor of Baltimore v. Merryman

Citations

• 86 Md. 584
• 39 A. 98
• 1898 Md. LEXIS 2

Syllabus

<p>Riparian Owner—Overflowing Land by Obstructions in Stream— Damages—Dam Erected by Municipal Corporation Under Legislative Authority—Taking of Property.</p> <p>Defendant, a municipal corporation, in providing its water supply, under legislative authority; constructed a large dam across a stream four miles below plaintiff’s farm which was bounded by the stream. Defendant negligently allowed large quantities of debris and mud to accumulate and rerhain above the dam whereby the stream became filled up and the water was made to overflow plaintiff’s farm, depositing thereon sand and mud and destroying crops, fences, etc. The erection of the dam permanently raised the water in the stream along plaintiff’s farm a foot or more higher than it had been. Held,</p> <p>1st. That the raising of the water in the stream along plaintiff’s property was a taking of the same within the constitutional prohibition.</p> <p>2nd. That the defendant is liable for the damage resulting from the overflow of plaintiff’s land if caused by its negligence in allowing obstructions to accumulate in the stream.</p> <p>3rd. That the fact that the defendant constructed the dam under legislative authority did not relieve it from liability for the injury to plaintiff’s property.</p> <p>In an action for overflowing plaintiff’s land, damages arising after the institution of the suit may be recovered when they are the natural and necessary result of the act complained of.</p>