Philadelphia, Baltimore & Washington Railroad v. Mayor of Baltimore

Citations

• 124 Md. 635

Syllabus

<p>Streets: dedication to public; mere plats or references in deeds not sufficient; acceptance by public authority necessary; opening streets; benefits; grade must first be determined. Judgments: inter alios; not binding. Progjers: when evidence on which were based is withdrawn.</p> <p>In determining whether property will be benefited by a street which is to be opened, account must be had of the cost of putting’ the property in condition to render it useful after the street is actually opened. ' ■ p. 631</p> <p>Where, in a conveyance of land, the description is by reference to streets, designated as sucb, in the conveyance, or on a map made by the city, or by tbe owner of the property, there is an implied covenant that the purchaser shall have the use of such streets. p. 640'</p> <p>Such a conveyance is evidence tending to establish a dedication of the streets so referred to, if at the time of the deed the title in the bed of the streets was in tbe grantor. p. 641</p> <p>A party to one case is not, in general, concluded by the evidence or judgment of another case, in which be had no interest,, and to which he was not a party. p. 641</p> <p>It is error to grant a prayer, when all the evidence, upon which it was based, has been stricken from the case. p. 642</p>