| Mayor & City Council of Baltimore v. Radecke, 49 Md. 217 (1878) Appeal from Baltimore City Circuit Court OVERVIEW: Pursuant to the Ordinance, the city council gave the business owner permission to install a steam engine in his business with the provision that he would be required to remove the engine after six months' notice from the mayor or be subject to a penalty if he failed to remove it. The owner refused to remove the engine after receiving notice, appellants brought an action before a justice of the peace to enforce the penalty, and the owner brought a successful action in the circuit court to enjoin appellants from prosecuting their action. The court affirmed the circuit court's order and ruled that the Ordinance was void because it gave the mayor unfettered discretion to enforce or decline to enforce the Ordinance as he saw fit. A stationary steam engine, such as the owner's, was not a nuisance even if it was erected and used in the midst of the city, unless it interfered with the safety or convenience of the public. Appellants' only complaint against the owner's engine was that it posed an explosion risk, as did all steam engines, and that its use involved the placement of combustible materials in dangerous proximity to the engine's boiler fire, which raised the risk of a fire. Appellate Court Records: COURT OF APPEALS (Docket) Radecke v. Mayor & City Council of Baltimore, 1878, April Term, case no. 24, MdHR 636 [MSA S412-10, 1/66/14/41] COURT OF APPEALS (Opinions) Radecke v. Mayor & City Council of Baltimore, 1878, April Term, case no. 24, MdHR 707-67 [MSA S393-53, 1/65/12/95] No briefs, judgments, misc papers. Trial court materials: BALTIMORE CITY CIRCUIT COURT (Equity Docket A) Radecke v. Mayor & City Council of Baltimore, 1874, Liber 14, p. 69 [MSA T55-14, 3/3/14/42] BALTIMORE CITY CIRCUIT COURT (Equity Papers A) Radecke v. Mayor & City Council of Baltimore, 1874, box no. 638 [MSA T53-684, 3/12/6/50] Business at issue located at 22 MacClellen's Alley, which ran between Baltimore and Fayette streets, near Liberty http://msa.maryland.gov/megafile/ecpdata/webroot/msaref07/bc_ba_atlases_1876_1915/html/bc_ba_atlases_1876_1915-0569.html http://maps.google.com/?ie=UTF8&ll=39.290909,-76.616303&spn=0.005414,0.01236&z=17 |
