Baugher v. Crane

Crain, J., delivered the opinion of this Court. This is an appeal taken from the Circuit Court of Baltimore City, granting an injunction, on the hill of the appellee to restrain the appellants from committing waste, by the destruction of a building or store-house owned by the appellee. The propriety of this order is to be determined by the bill alone, without looking to the answer subsequently filed. The principles of law applicable to bills of injunction for waste have been repeatedly adjudicated by this Court, and it has been held, that an injunction is not granted to restrain a mere trespass, when the injury is not irreparable and destructive to the plaintiff’s estate, but is susceptible of perfect pecuniary compensation, and for which the party may obtain adequate satisfaction in the ordinary course of law ; and Justice Dorsey, in the case of Amelung and, others vs. Seekamp, 9 Gill & John., 474, said: — “The mere allegation of a complainant that irremediable damage or irreparable mischief will ensue, is not sufficient.

To satisfy the conscience of the Court the facts must be stated, to show that the apprehension of injury is well founded.” Since that decision it has been uniformly held, that the averment of the commission of waste, and that the mischief is irreparable, will not be sufficient to justify a Court of Equity to interfere by injunction. Green vs. Keen, 4 Md. Rep., 99 . Recognizing these principles to control us ⁴⁰ in deciding this case, we will examine the facts, as averred and set forth in the bill, to ascertain if they show a case of waste and apprehended danger, which justified the Court in granting the injunction. The appellee charges, that being the owner of a lot of ground, situate on the west side of North Charles street, in the city of Baltimore, which was improved by a four-story brick warehouse or store, designated No. 12 North Charles street, he leased the same, by writing, on the 7th day of February, 1866, to Joseph C. Baugher and James C. Colder for five years ; that after the execution of the lease, the said Joseph C. Baugher and James C. Colder, being in the possession of the premises, delivered the possession of the same to George A. Sutherland and William Wroth, who took possession of the same, under some contract or sub-lease, the particulars of which were unknown to the appellee, and that the same was done without his knowledge or consent.

The bill then charges, that the said Sutherland and Wroth have retained possession of the premises ever since, and have recently commenced to “tear away the whole of the front of the first story of said warehouse, and are about to alter and change the arrangement of the doors and windows, and to reduce the width of the front of the said store on the first floor, by ¡jutting a side-door with stair-way, leading to the second story, and have cut away various parts of the joists and beams and ceiling of the first and main story, and have taken away various braces and other portions of the building, which weakens the whole building, and are about to make many other alterations and changes, which will completely change the character and appearance of the said store, and greatly impair the same.” Admitting this statement of facts to be true, (and they cannot, in this attitude of the case, be controverted,) do they constitute such material alterations of the house and acts of waste, as to justify the interference of a Court of Equity to prevent further threatened destruction of the ⁴¹ house ? At common law such acts would be considered voluntary waste, as it was deemed incompatible with the interests of a