Federal Hill Steam Ferry Co. v. Mariner

Eccleston, J., delivered the opinion of this court. This is an action on the case instituted by the appellee against the appellant, in the Court of Common Pleas for Baltimore city. The object of the suit is to recover damages for obstructions to the business of the appellee by the appellant. The nature of the claim as presented in the nar. is, that the plaintiff, at the time of the injury, was, and for several years before had been, the owner of ten small row boats, which were kept by him for hire, at the foot of West Falls Avenue, a public highway in the city of Baltimore, and used and employed by him in hiring the same, and in transporting passengers, and carrying freight from the foot of said avenue to various points and sundry places within and about the harbor of the said city, and were so hired, used and employed by him during the time or period aforesaid; and that the defendant, did put, place and pile a large quantity of wood and certain pieces of plank, upon and across the said avenue, near to the foot thereof and near to the said, harbor, and did thereby, and by other ways and means, barricade and obstruct the said avenue at the place aforesaid; which said barricade and obstruction remained upon and across the said avenue for a long time, to wit, one month; by reason of which passengers were prevented from having access, and persons prevented from hiring and carrying freights to, and using the said boats of the plaintiff, during the period last aforesaid, and the business of the said plaintiff in hiring his said boats and in transporting passengers, and carrying freight within and about the said harbor, was,, during the said last period, discontinued, destroyed and broken up, and the plaintiff damaged and injured in his said business to a large amount, to wit, five hundred dollars.

T e defendant pleaded five pleas, four of which resulted in issues of fact, and to the fifth a demurrer was filed. The court ruled the demurrer good, and upon trial of the ²²⁸ issues of fact, a verdict of $25 damages being, rendered in favor of the plaintiff, the defendant appealed. In the third bill of exceptions, among other proof, is contained evidence offered by the defendant, for the purpose of proving that this plaintiff had sued James Worthington and recovered a judgment against him for damages for the same obstruction on which this suit is based; and that the damages for which that judgment was rendered had been paid to the plaintiff by the defendant in that suit. The said Worthington was examined as a witness, in the present case, for the now defendant.

Among other things, he stated, “that the same evidence was given in the former suit, with the exception of one Smith, as had been given in this, and for the same obstruction.” On cross-examination of this witness, the plaintiff’s counsel asked if in the suit against him referred to, there was not evidence offered that the plaintiff had been arrested and imprisoned by the direction of the witness? To this question the defendant objected, but the court overruled the objection,holding the question proper to be answered. And the witness then stated, “that at the said trial there was evidence given to show that the police officers, making the arrest, had been sent there to act under his authority, and a police officer-stated he supposed himself acting under his order in making the arrest.” To which the now defendant excepted. In the fourth exception it appears the plaintiff asked the witness, L. M. Reynolds, “to state what was the evidence at the former trial between Mariner and Worthington, which question was objected to by the now defendant, but the court overruled the objection and allowed the question, upon the ground that parol testimony having been given by defendant to connect the judgment in that case, with the obstruction complained of here, evidence may be given to explain or rebut the same.” The witness then stated that he did not recollect the whole evidence, nor the exact words; that he had tried the case in court, but not before the magistrate.

He then proceeded to give his recollection of the evidence at the trial of the case in court, from whose statement it appears to ²²⁹ have been there proved, that the officers were sent to the end of West Falls Avenue, to support the authority of Worthington, who was the Harbor Master, and who directed the wood to be put upon the wharf logs at the end of the wharf; that the police officers acted under the orders of Worthington; that the police officers testified that in making the arrest they supposed themselves acting under orders of Worthington, and would not have arrested Mariner by orders of a private individual. To all which the now defendant objected, upon the ground that the purpose for which it was offered was inadmissible, and because the witness professed that he could not