| Garitee v. Mayor & City Council of Baltimore, 53 Md. 422
(1880).
Appeal from Baltimore City Superior Court
OVERVIEW: The property owner's land fronted on the river, a tidal navigable stream, near the city, and he had a brickyard and a wharf at which vessels of considerable size loaded and unloaded
before
the obstructions occurred. The city contended that 1872 Md. Laws 246 gave it authority to widen and deepen the ship channel leading into the river and to keep the channel in proper condition in width and
depth. The court noted that the Act did not refer to previous legislation, rejecting the notion that it repealed a previous statute, and stating that the Act conferred additional power in affirmative terms. The
court held that the city and its contractor acted without authority, violating Md. Code Pub. Loc. Laws, art. 4, § 794, and creating a public nuisance. The court opined that the property owner had a claim for
the effect of deposits into the river on his riparian rights, an injury not suffered by other members of the public. The court observed that Md. Code Pub. Loc. Laws, art. 4, § 795, did not provide redress for
private injuries, and the common law remedy the property owner chose was unaffected. The court concluded that the case should have gone to the jury; a directed verdict was error.
Appellate Court Records:
COURT OF APPEALS (Docket) Garitee v. Mayor & City Council
of Baltimore, 1879, October Term, no. 74, MdHR 636 [MSA S412-10, 1/66/14/41]
COURT OF APPEALS (Opinions) Garitee v. Mayor & City
Council of Baltimore, 1879, October Term, no. 74, MdHR 707-74 [MSA S393-6, 1/65/13/6]
COURT OF APPEALS (Briefs) Garitee v. Mayor & City Council of
Baltimore, 1879, October Term, no. 74, MdHR 723-85 [MSA S375-112, 1/64/12/41]
COURT OF APPEALS (Judgments) Garitee v. Mayor & City
Council of Baltimore, 1879, October Term, no. 74, MdHR 683-182 [MSA S381-121, 1/62/10/2]
Trial Court Records:
BALTIMORE CITY SUPERIOR COURT (Cases Instituted)
Garitee v. Mayor & City Council of Baltimore, 1877, p. 245, "drawer R no. 4," MdHR 50,336-27 [MSA C1497-28, 2/16/11/13]
BALTIMORE CITY SUPERIOR COURT (Court Papers) Garitee
v. Mayor & City Council of Baltimore, 1877, "drawer R no. 4," box no. 39 [MSA T51-36, 2/20/7/9]
Retrial:
BALTIMORE CITY SUPERIOR COURT (Cases Instituted)
Garitee v. Mayor & City Council of Baltimore, 1880, p. 203, "box 627," MdHR 50,336-29 [MSA C1497-30, 2/17/11/15]
BALTIMORE CITY SUPERIOR COURT (Civil Papers) Garitee v. Mayor & City Council of Baltimore, 1880, Can't locate correct papers
Additional Cases:
Peter E. Tome v. William L. Garitee and Hannah E. Garitee
BALTIMORE COUNTY CIRCUIT COURT (Equity Docket)
Tome v. Garitee, 1888, Liber JWS 12, case no. 6145, p. 40, MdHR 20,227-12 [MSA C326-12, 2/49/8/11]
No papers; consolidated with case no. 6147, 20 May 1889. See below.
Susanna Popplein v. John W. Bennett, trustee, William L. Garitee, Hannah E. Garitee, George Hawkins Williams, Peter E. Tome, and Peter E. Branan
BALTIMORE COUNTY CIRCUIT COURT (Equity Docket)
Popplein v. Garitee, et al., 1888, Liber JWS 12, case no. 6147, pp. 40, 262, 265, MdHR 20,227-12 [MSA C326-12, 2/49/8/11]
BALTIMORE COUNTY CIRCUIT COURT (Equity Papers)
Popplein v. Garitee, et al., 1888, case no. 6147, box no. 769 [MSA T696-99, 0/35/7/5]
BALTIMORE COUNTY CIRCUIT COURT (Judicial Record)
Popplein v. Garitee, et al., 1888, case no. 6147, Liber JWS 123, pp. 176-268 [MSA T258-123, 2/35/9/8]
Maps -
Property was a brickyard located on the Patapsco, located near Sollers Point.
Google Map
Bromley Atlas of Baltimore County, 1898, plate 33
1888 plat showing Baltimore and Sparrows Point Railroad Company
right of way through the property of William L. Garitee (Source: Plat Book JWS 1, p. 167, MSA C2136-5823, p. 1 )
Scanned as msaref 5458-51-4108
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