Maryland State Archives

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]