| Baltimore and Potomac Railroad Company v. Reaney, 42 Md. 117 (1875)
Appeal from Baltimore City Court of Common Pleas
OVERVIEW: The railroad's excavation work for the tunnel disturbed the natural support of the corner house on the site, and the homeowner's house was dependent on the corner house for its stability.
The railroad contended that the trial court's instruction failed to refer to the authority pursuant to which the railroad was acting and omitted the question of negligence in connection with the construction of the
tunnel, thereby depriving it of any valid defense. The court held that the railroad was liable if its negligence caused the injury to the house. Further, the court found that there was redress for any damage to
private property which resulted even though the railroad, a private corporation, had obtained authority for the project from the mayor and city council of Baltimore, which authority was ratified by in 1879
Md. Laws 80. Finally, the court determined that the railroad's excavation work was the proximate cause of the homeowner's injury. The excavation caused a disturbance in the foundation of the corner house,
and by reason of that house's close connection with the homeowner's property, the injury done to the homeowner's property was imputed to the first cause, the excavation work.
Appellate Court Records:
COURT OF APPEALS (Docket) Reaney v. Baltimore and Potomac Railroad Company, 1874, October Term, case no. 49, MdHR 636 [MSA S412-10, 1/66/14/41]
COURT OF APPEALS (Briefs) Reaney v. Baltimore and Potomac Railroad Company, 1874, October Term, case no. 49, MdHR 723-71 [MSA S375-83, 1/64/12/7]
No judgments, misc. papers, opinion
Trial Court Records:
BALTIMORE CITY COURT OF COMMON PLEAS (Cases Instituted) Reaney v. Baltimore and Potomac Railroad Company, 1873, p. 134 [MSA T511-20, 3/2/10/20].
BALTIMORE CITY COURT OF COMMON PLEAS (Court Papers) Reaney v. Baltimore and Potomac Railroad Company, 1873,
Papers should be in either box no. 349 [MSA T508-46, 3/1/10/4] or in box no. 350 [MSA T508-47, 3/1/10/5]
House at issue in case located at Madison Ave. and Wilson St.:
http://maps.google.com/?ie=UTF8&ll=39.306302,-76.630851&spn=0.005413,0.01236&z=17
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