| Susquehanna Fertilizer Co. of Baltimore City v. Malone, 73 Md. 268, 20 A. 900 (1890)
Appeal from Baltimore County Circuit Court
OVERVIEW: The fertilizer factory manufactured sulfuric acid and various fertilizers. The operator alleged that the factory was there and in operation before the property owner constructed the houses
and hotel on the five lots that he owned. The court affirmed and held as follows: (1) in the eye of the law, no place could be convenient for the carrying on of a business which was a nuisance, and which
caused substantial injury to the property of another; (2) the use of the land was not reasonable where it deprived an adjoining owner of the lawful use and enjoyment of his property; (3) in actions of this kind,
the question whether the place where the trade or business was carried on, was a proper and convenient place for the purpose, or whether the use by the operator of his own land was, under the
circumstances, a reasonable use, were questions which ought not to be submitted to the finding of the jury; and (4) the fact that the property owner "came to the nuisance" was no defense to the action.
Appellate Court Records:
COURT OF APPEALS (Docket) Susquehanna Fertilizer Co. of Baltimore City v. Malone, 1890, October Term, case no. 49, MdHR 638 [MSA S412-12, 1/66/14/43]
COURT OF APPEALS (Opinions) Susquehanna Fertilizer Co. of Baltimore City v. Malone, 1890, October Term, case no. 49, MdHR 707-107 [MSA S393-93, 1/65/13/39]
COURT OF APPEALS (Judgments) Susquehanna Fertilizer Co. of Baltimore City v. Malone, 1890, October Term, case no. 49, MdHR 683-436 [MSA S381-287, 1/63/06/31]
No Records and Briefs for this case at MSA?
Trial Court Records:
BALTIMORE COUNTY CIRCUIT COURT (Civil Docket) Malone v. Susquehanna Fertilizer Co. of Baltimore City, Liber JWS 17, MdHR 20,222-16 [MSA C358-16, 2/48/14/16]
Civil Papers from BA CC are very incomplete for this time period.
Property located in Canton on 8th Street, which no longer exsists. The factory is shown on the 1915 BA Bromley Atlas on plate 35 at 8th and Highland.
http://www.mdhistory.net/msaref07/bc_ba_atlases_1876_1915/html/bc_ba_atlases_1876_1915-0764.html
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