The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-07-20
la w NTELLIGENCE.
CITY CIRCUIT couRT-JrDar Kprns

CITY CIRCUIT COURT-JUDaE KREps
William H. Oler, Joseph NJ. Berry, Frederick
Rice, George Roth, Frederick Zeigler and Charles
Kent u.s. Jonathan Brock and Others proprietors of
the City Passenger Railway. Injunction granted
to restrain defendants from placing or keeping on
Pennsylvania avenue, between Fremont street and
Northern avenue, any more clnders or coal dust,
and requiring the said defendants to remove the
cinders and coal dust now on said thoroughfare on
or before the tenth day of September next. The
bill of complaint filed in the sets forth that
the complainants are owners of property binding
on said avenue; that the defendants acting under
the pretence of authority acquired from the Mayor
and City Council of Baltimore, have laid down a
railway track in front of complainants property,
have taken the stones that formed heretofore the
bed of said street, and have covered the same to
the depth of several inches with coal dust and
cinders; the complainants further represent
that these acts of the defendants have con-
verted the said thoroughfare into public
nuisance, and that it is with the utmost inconveni-
ence that citizens walk or drive by through said
street; that the said coal and cinders are very
light and penetrating, and that they cover the
person, destroy the clothing, and iniure the eyes
and health of those who are compelled to pass in
that direction. The complainants further say that
to those who reside on the avenue, the said nui-
is almost intolerable that they are compelled
to close their doors and windows to avoid having
their houses filled with said dust, and cinders,
which at this season of the year is detrimental to
the health of the inmates; and that said nuisance
A>ANS's euSi' PtoPoiey oihose Naiueicss.
COURT OF APPEALS OF MARYLAND
JUNE TERM, l860.-ANNAPoLIs, July 18th, 1861
No. Sc. December term docket, 1s59-Harlow W.
Heath 4 Perley r. Lovejoy vs. Edward Iraan.
Appeal from the Circuit Court for Baltimore city.
Justice Tuck delivered the opinion of this Court.
Appeal dismissed with costs.-No. 79. Same
H. R. Glenn and others, executors, ys. Thomas w.
Cockey and wife. Appeal from the Circuit Court
for Baltimore city. Justice Bartol delivered the
opinion of this Court. Cause remanded under act
of 1882, chap. 302.--No. 73. Same.-C. s. Maltby
surviving partner of Holt Maltby, us. The North
western Virginia Railroad Company, use of James
NJ. Stephenson. Appeal from the Superior Court
of Baltimore city. Justice Bartol delivered the opn
ion of this Court. Judgment reversed and proce-
dendo awarded. Chief Justice LeGrand delivered a
separate dissenting opinion.-No. &C. Same
John L. Fledderman as. Camille Marie et al Ap.
peal from the Superior Court of Baltimore city.
Motion granted Judgment of fafrmance nisi stricken
out, and cause continued--No. 10. June term, 1860
Thos II. Freeland and other Us. Barclay Reynolds.
Appeal from the Circuit Court for Cecil county
from an order dissolving injunction. Justice Bar:
tol delivered the opinion of this Corut Order af
frmed with osts-NO. 81. December term, 1859.
Henry Crowl, Samuel Ellinger ct al., Us. Agnes P.
Crow, by her next friend. Edw. Murray, and No.
SO. Samuel Ellinger ct al, Henry Crowl and
wife. Appeals from the Circuit Court for Balti-
more city. Motion for -ars~--o-s sr~-.-l, -
cause continued. Chief Justice LeGrand dissent
ng.-The Court adjourned until the first Mon.
day in December next.