| Caretti v. Broring Building Co., 150 Md. 198, 132 A. 619 (1926)
See also MSA SC 5339-230-33
Appeal from Baltimore City Circuit Court No. 2
OVERVIEW: The developer constructed about 70 houses that were connected to a sewerage system that it constructed in accordance with plans and specifications prescribed by the city. The
developer
agreed that as soon as the municipal sewerage system was extended to the property, the private system that served the houses would be conveyed to the city. The city paid one-half of the cost of building the
septic tank into which the sewage emptied and periodically inspected the tank. While the degree of the pollution caused by the discharge into the stream from the private system was disputed, it was clear that
the discharge had rendered the stream unfit for bathing or watering stock. The developer argued that the city was a necessary party to any suit concerning the private system, and that the increased pollution
was caused, at least in part, by discharges from other sources. In reversing a decree that denied injunctive relief, the court held that the pollution contributed from other sources did not lessen the developer's
liability. The city was not a necessary party as it was not the operator of the system where it did not own the property or build the pipes and septic tank.
Appellate Court Records:
COURT OF APPEALS (Docket) Caretti v. Broring Building Co.,
1925, October Term, case no. 87, p. 265, MdHR 19,493 [MSA S412-18, 1/67/6/4].
COURT OF APPEALS (Opinions) Caretti v. Broring Building Co.,
1925, October Term, case no. 87, MdHR 707-217 [MSA S393-203, 1/65/14/53].
COURT OF APPEALS (Records and Briefs) Caretti v. Broring
Building Co., 1925, October Term, case no. 87 [MSA S1733-704, 1/65/5/136].
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT NO. 2 (Equity Docket A)
Caretti v. Broring Building Co., 1925, Volume 34A page 18, Case no. 14709A [MSA T996-34, 0/62/14/5] .
BALTIMORE CITY CIRCUIT COURT NO. 2 (Equity Papers A)
Caretti v. Broring Building Co., 1925, Box 1408 Case no. 14709A [MSA T56-1320, 3/24/3/40] .
Baltimore City Law Department:
Baltimore City Archives, Law Department, Case Files, Robert C &
Mary C. Coxen, Louis Caretti, Wm C. & Elizabeth Weber vs. City, Bill for injunction against pollution of Herring Run Sewer, Circuit Court #2, 1925-1926, case no. 43,238, box no. 354 [BRG13-2-17-1,
BC/29/9/18].
Related case files:
Baltimore City Archives, Law Department, Case Files, Mayor &
City Council vs. Louis Caretti and Lucia Caretti. Condemnation of property, 1925, case no. 45,462, box no. 378 [MSA BRG13-2-7-1, BC/29/10/042].
Baltimore City Archives, Law Department, Case Files,Claim of
Louis Carretti. Property on Bowley's Lane Flooded When Road Raised, 1925, case no. 43,201, box no. 353 [MSA BRG13-2-8,
BC/29/10/017].
Re: case in BC Court, 1925. File contains only transcript; papers are in case no. 63,529 (unable to locate).
Scanned as msaref 5458-51-4427; also 5458-51-4451, 5458-51-4473.
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