Mayor of Baltimore v. Rice.

Bryan, J., delivered the opinion of the Court. In the return of their proceedings relative to the opening of Clare street in the City of Baltimore, the Commissioners awarded certain damages to Frederick Rice. He took an appeal to the Baltimore City Court, and the jury in their inquisition assessed his damages at thirty-five hundred dollars. The Mayor and City Council of Baltimore appealed to this Court from the rulings of the City Court.

Rice testified that he was the owner of a brick-yard, which would be destroyed for all practical purposes by the opening of Clare street; that the yard was worth four thousand dollars, and that after the street should go through it it would be worth nothing. The fee in the land belonged to the Carroll heirs, and Rice had been their tenant since 1885. The agent of the Carroll heirs gave -him notice to quit on December 31st, 1888;' and made a new contract for the year 1889; he also gave him notice to quit on December 31st, 1889, and made another contract of renting for the year 1890, ³¹¹ at a different royalty. The agent testified that it was his intention to renew the tenancy, if the street had not been opened, and that he would have continued to renew it, as he had no trouble with Rice, and that he had no intention to remove him; that the Carrolls derived large revenues from these yards, and were perfectly satisfied to let the tenants remain as long as they had no trouble about the royalties paid by them; that a number of them had erected expensive improvements under their leases, and that he had no doubt that the expectation of a renewal adds largely to the marketable value of their interests; that these yards have been used in this way for half a century.

There was other evidence that leases like Rice’s had a