Mayor of Havre De Grace v. Fletcher

Citations

• 77 A. 114
• 112 Md. 562
• 1910 Md. LEXIS 133

Syllabus

<p>Rules of Court of Appeals as to Records and Briefs—Sufficiency of Declaration in Action Against Municipal I Corporation for Its Negligent Failure to Abate Dangerous Nuisance.</p> <p>An appeal will not be dismissed merely because the appellant failed to pay the cost of printing the record within ten days after receipt of notice from the Clerk of the Court of Appeals, as is required by Rule 34, if the record was in fact printed and ready when the cause was called for argument in regular order.</p> <p>An appeal will not be dismissed on account of the failure of the appellant to furnish copies of his brief to opposing counsel three days before the case is called for argument, as is required by Rule 36 of this Court. That rule prescribes a different penalty for failure to comply with it.</p> <p>In an action against a municipal corporation, the declaration alleged that it was .the duty of the defendant to use reasonable care to keep the public streets and sidewalks of the city in a safe condition for public travel and to prevent and remove all nuisances therefrom; that, neglecting said duty, defendant did on a certain day and for a long time prior thereto, permit designated persons to stack beer kegs to a height of about eight feet on or near one of the public streets in such a negligent manner as to be dangerous to passers-by on that street; that on said day, while the infant plaintiff was passing along the street and using due care, one of the said beer kegs, so negligently stacked, fell upon her, causing injuries which necessitated the amputation of one of her legs. Held, upon demurrer, that this declaration states a good cause of action.</p>