Mayor of Baltimore v. Smith & Schwartz Brick Co.

Citations

• 80 Md. 458
• 31 A. 423
• 1895 Md. LEXIS 18

Syllabus

<p>Opening Streets — Appeal from Assessment of Benefits — Evidence to Show Value of Land and Ammmt of Benefit — Sales of other Property — Practice.</p> <p>Where a party appeals under Baltimore City Code, Art. 48, sec. 10, from the assessment of benefits in the award of the Commissioners, for Opening Streets, the question as to the amount of damages awarded to the same party for opening the same street is not open to review on such appeal.</p> <p>The burden of proof in such case is on the city to establish the amount of benefits accruing to the land of the abutting owner by the opening of the street.</p> <p>The trial Court cannot be required to permit the book of the proceedings of. the Commissioners, in regard to the opening of the street, to be taken to the jury room.</p> <p>Where a lot of ground assessed for benefits from the opening of a street is below the level of the same, and an appeal is taken by the property owner from the assessment of benefits, evidence tending to show the cost of filling the lot to the level of the established grade is relevant, when it has been testified that the proper mode of determining the increase of value is by considering such cost.</p> <p>The evidence in such case should be directed to proof of the market value of the land in its present condition, and then to the question how much will that value be increased by opening the street.</p> <p>In order to ascertatn the market value of a lot of ground, evidence of . prices paid for similar land in the vicinity, at voluntary sales, within a reasonable time, is admissible.</p> <p>The opinions of witnesses acquainted with the land in question, and having sufficient knowledge of the subject, are admissible to prove its market value, and the question whether a witness is qualified to give an opinion must be left in a large- measure to the discretion of the trial Court.</p>