Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1936-07-17
FROM OUR
EXCHANGES
INTERESTING POINT OF
LAW SETTLED BY COURT

In a written opinion filed in Chan
Gerry Court Chief Judge Benjamin A.
johnson held that city sidewalks are
for public use and abutting property
owners cannot place restrictions upon
that use.
The decision was filed in connec-
ton with a decree dismissing COM
plant filed by Wicomico Hotel against
Ulys C. Wimbrow, garage operator.
The exact nature of the case was
said to be novel, and attorneys search
ing case records found but little
precedent to guide them.
The complaint was brought by the
hotel after a contract had been en-
tered into by the hotel and j. Howard
Johnson, another garage operator,
whereby johnson was given privilege
of soliciting hotel guests for the pur-
pose of storing their cars at his gar
age. Representatives of Wimbrow's
garage continued soliciting hotel
guests from the sidewalk. The hotels
complaint alleged Wimbrow's repre-
sentatives trespassed upon the no.
tells rights to it's financial detriment,
and sought an injunction to prevent
the defendants representatives from
further sidewalk solicitation.
although the plaintiffs financial
interest is admitted by the demurrer
(filed by the defendant), it does not
follow that it can prevent defendant
from subjecting the sidewalk to the
use here complained of, since its con-
tract with johnson cannot enlarge it's
right to use of the sidewalk" Judge
Johnson's opinion holds. "At the
hearing upon the demurrer, I have
been referred to no case exactly in
point ."
"The sidewalk is part of the
street and the primary purpose of
street is for public use. For this
reason private property can be taken
for street by compromising it's own
er. The abutting property owners
right to use the street is not detarmin-
ed by the necessities of his business,
but rather by public convenience, and
he can make no use of a street which
would unreasonably restrict the rights
of the public.
"It may be conceded that the right
of an abutting owner to use the
street, including the sidewalk in front !,
Of his land for purposes of ingress
and egress, as well as for light and
air, is property right, which if in
terfered with, except for legitimate
street purposes, is taking within the
constitutional sense.
"In view Of the principles announc-
ed in the authorities hereinbefore
cited, regard the allegations of this
bill of complaint as being an attack
upon defendants right, in commin
with the public, to use the sidewalk in
front of the plaintiffs property, and
the mere fact that such use by the de-
PENDANT may to some extent diminish
the income which the plaintiff would
otherwise receive from it's contract
with Johnson is insufficient to pre-
vent Wimbrow from using the side
walk as alleged in the bill. If car
ried it it's logical conclusion, the
theory for which the plaintiff con-
tends would, in many instances, prac-
tically deny the public the right to
use the street, notwithstanding it is
created expressly for public USE"
The courts opinion was on demur-
rer filed by Curtis w. Long and STAN
ley G. Robins, attorneys for the de-
PENDANT. The resulting decree dis
misses the plaintiffs complaint.