76 Md. 360 | Md. | 1892
delivered the opinion of the Court.
This action was brought to recover damages for a nuisance. The appellee is the owner and occupier of the premises known as No. 418 W. Conway street, in the City of Baltimore, and the appellant the owner and occupier of the premises Nos. 414 and 416 in the same street. The former dwelt in his premises, and rented out rooms to lodgers — the latter occupied his premises as a home, and was at the same- time engaged in the manufacture of cigar, and other light wooden boxes, using a steam engine and boiler in connection with his business. The evidence on the part of the appellee, shows that the use of said engine and boiler, produced loud and disturbing noises and annoying vibrations on his premises, and that large quantities of steam, oppressive smoke, dust, soot,
2nd. The appellant insists that there was error in the Court below granting the appellee’s first prayer, in that it does not properly limit the effect of the words, “injury” and “damage,” by the use of some such restrictive word as “material” or “substantial.” The force of this criticism is lost, when it is ascertained that the second, fourth, and fifth of the appellant’s granted prayers give him the most ample protection respecting the omission from the appellee’s first prayer of the qualifying words alluded to. The appellant’s first prayer was properly rejected. The testimony very clearly shows that the appellant did not dwell in a commercial or manufacturing locality, and, if he had, the law would not permit him to maintain such a nuisance as he seeks to defend in this case. We come now to the consideration of the plaintiff’s third prayer, which in our opinion should not have been granted. The prayer segregates from the mass of testimony one item of damage alone, and then proceeds to prescribe a rule to the jury “that
One of the vices which the appellant criticized in the appellee’s first prayer has been adopted by him in his sixth prayer, which the Court below very properly refused. The appellee’s first prayer instructed the jury that if they found certain facts, then he was entitled to recover. The appellant’s sixth prayer asks the Court to say in substance, that if they do not find those facts then the appellee is not entitled to recover. The prayer was unnecessary, only calculated to mislead and properly rejected.
Judgment reversed, and new trial awarded.