Metropolitan Savings Bank v. Manion
Metropolitan Savings Bank v. Manion
Opinion of the Court
delivered the opinion of the Court.
This is an action brought to recover damages for a nuisance. The case was tried before a jury in the Superior Court of Baltimore City, and the verdict and judgment being against the plaintiff, it has taken this appeal. The appellant (plaintiff below), is the owner of a lot of ground in the city of Baltimore which it purchased prior to March, 1895. The only improvement upon the lot at the time of its purchase was a double house fronting on North Eutaw street. Subsequently to the purchase, the appellant built on the lot a small two-story dwelling house fronting on Jordan alley, which extends along the rear of said lot. The appellee, at the time this suit was brought in the Court below, was the owner of a lot of ground adjoining that of the appellant and extending from Eutaw street to Jordan alley. Upon this lot he erected a brick stable, which was first occupied in August, 1895. In July, 1895, the appellee leased., the property, the lease to begin on Agust 1st, 1895. It
With this preliminary statement we will examine the exceptions contained in the record; six of which relate to the admissibility of the proof offered, the other to the granting of the appellee’s two prayers. We infer from its treatment in this Court that the first exception was abandoned. It was not pressed upon our attention at the argument and in any event it could avail the appellant nothing, as the question was clearly irrelevant and improper. The second exception was to the refusal of the Court to permit the question to be asked the appellant’s president, “ Did you notify Mr. Manion that he must not put those windows in the wall next to that property?” Upon objection, the Court refused to allow the question to be put and answered. For what purpose should it have been allowed; it in no respect affected the liability of the appellee. It could make no possible difference whether the appellee was notified or not; by giving the notice, the appellee’s liability was neither fixed nor enlarged. The question was therefore immaterial and properly disallowed. The third and fourth exceptions can properly be considered together. We do not perceive that the two letters which are the subject of the third and fourth exceptions are in any sense material to the issues in this case. The letter of the president of the appellant
We come now to the consideration of the prayers. The appellant offered five prayers, all. of which were granted by the Court. The only instructions to which exceptions have been reserved are the two prayers offered by the appellee and granted by the Court. The first of these prayers contains the proposition, that if the jury find that the stable in controversy here was so constrhcted that when used for livery purposes, with proper care and caution, it could be-so used as not to occasion any of the objections set out in the prayer, that is to say, would not fairly and reasonably cause such actual physical discomfort to persons living in the property of the appellant, of ordinary sensibility and ordinary tastes and habits, which under the decisions of this Court constitutes a nuisance, and shall further find that said stable has not, at any time since its erection, been used by the appellee as a livery stable but has always been in the possession of the tenant under the lease from the appellee, then the appellant is not entitled to recover; and further, that the appellee is not responsible for any consequences growing out of the careless, improper or incautious use of said stable by said tenant, or his employees. The authorities which hold that a livery stable in a city is not per se a nuisance, are so numerous that it would serve no-useful purpose to repeat them. It may, however, be taken as a concession that such is the well-established rule of law about which no controversy can be reasonably expected to arise. And whilst this is unquestionably true it is equally
In conflict with the law settled and determined by this Court in numerous cases, the appellant contends that the last proposition embodied in the defendant’s first prayer which we have been considering, is not supported by the authorities quoted to sustain it. The case of Rich v. Basterfield, 56 E. C. Law, 805 (4 Manning, G. & Scott, 782), has been subjected to a most critical examination and an effort has been made to show that its authority has been doubted and impaired. The case has been recognized and practically and substantially supports the opinion of this
Judgment affirmed tvith costs.
Reference
- Full Case Name
- THE METROPOLITAN SAVINGS BANK v. BERNARD MANION
- Cited By
- 19 cases
- Status
- Published
- Syllabus
- Nuisance—Livery Stable—Liability of Landlord for Nuisance on Demised Premises—Evidence—Expert Testimony. A livery stable in a city is not per se a nuisance, but it may be so constructed or used as to constitute a nuisance and entitle parties annoyed by it to a remedy. If a landlord leases premises which are not in themselves a nuisance, but may or may not become such according to the manner in which they are used by the tenant, the landlord will not be liable for a nuisanee created on the premises by the tenant. But if the premises are a nuisance when leased, or must in the nature of things become such by their use, and the landlord receives rent, then whether in or out of possession, he is liable for the nuisance. Plaintiff, the owner of a dwelling-house adjoining a livery stable owned by the defendant and leased by the latter to a tenant, brought an action to recover damages for a nuisance, alleging that noxious gases and odors came through windows which were placed in the wall of the stable on a line with the windows of the plaintiff’s house. Held, i st. That if the stable was so constructed that when used with proper care it would not cause an undue amount of discomfort to persons of ordinary sensibilities, then the defendant is not liable for the consequences of an improper use of the stable by his tenant. 2nd. That if it was not necessary for the proper ventilation of the stable that the windows adjoining plaintiff’s house should be left open, then the defendant is not liable for the act of the tenant in leaving them open, although the windows were designed when the stable was built to give light and also ventilation, if necessary. The right of a party to maintain an action for a nuisance is not affected by notice from him to the defendant not to create it, and consequently evidence in regard to such notice is not'admissible. When a nuisance has been created by the defendant himself and not by the former owner of the property, no notice to him to abate it is necessary before bringing suit, and therefore evidence relating to such notice is not admissible. Where the condition of things alleged to constitute a nuisance has been fully described to the jury, a witness cannot be asked whether in his opinion that condition of things was a nuisance, because expert testimony is not admissible upon questions of fact, which the Court or jury can decide for themselves.