Ottenberg v. Ryan & Riley Co.

Citations

• 99 A. 984
• 130 Md. 38
• 1917 Md. LEXIS 96

Syllabus

<p>Municipal Corporations: 8ewers, construction of—; damages to property; evidence of former condition; official records of condemnation. Witnesses’ examination: Illustration on blackboard: discretion of Court. Experts: •’ Who are—; when not admissible. Appeals: Immaterial errors.</p> <p>Immaterial errors in the rulings of the .court below are no ground for reversal on appeal when it does not appear that any injury to the appellant resulted thereby. p. 49</p> <p>Whether a witness should be allowed to go to a blackboard and illustrate his testimony, for the instruction of the jury, is a matter within the discretion of the trial court. p. 43</p> <p>Where a municipal corporation has the right to construct a sewer, it is not responsible for injuries to adjacent property, unless the work is done improperly or negligently. p. 45</p> <p>When the owner of a house built insecurely on filled ground, believes that a sewer is to be constructed near it, and is warned to take steps to protect the building, it is his duty so to do.</p> <p>pp. 42-43</p> <p>The sufficiency of a witness’ knowledge to qualify him as an expert is usually to be left to the discretion of the trial Court, and its rulings should be final, unless clearly erroneous. p. 45</p> <p>But the rules for the admission of expert witnesses should not be relaxed. p. 45</p> <p>In an action for damages brought against the City of Baltimore by a property owner, who claimed that his house had been injured by the faulty manner in which a public sewer had been constructed in made ground near the plaintiff’s house, a book kept by the city, properly authenticated by the clerk whose duty it was to keep the book, in which copies of notices as to property condemned because of its dangerous condition were contained, was: IIeld, admissible in evidence, to show the condition of the house before the sewer was constructed.</p> <p>pp. 46-47</p> <p>The testimony of experts should not be- admitted as to matters which are within common kn