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B. & P. RAILROAD v. FIFTH BAPTIST CHURCH

Nos. 121, 122.

137 U.S. 568 (1891)

11 S.Ct. 185

34 L.Ed. 784

BALTIMORE AND POTOMAC RAILROAD COMPANY, v. FIFTH BAPTIST CHURCH. BALTIMORE AND POTOMAC RAILROAD COMPANY, v. FIFTH BAPTIST CHURCH.

Supreme Court of United States.

Decided January 5, 1891.

Attorney(s) appearing for the Case

Mr. Enoch Totten for plaintiff in error.

Mr. J.J. Darlington and Mr. Martin F. Morris (with whom was Mr. G.E. Hamilton on the brief) for defendant in error.

MR. JUSTICE GRAY delivered the opinion of the court.

These two actions are in the nature of actions on the case for the continuance of a nuisance to the plaintiff's use and enjoyment of its house of public worship, by the noise, smoke, cinders, ashes and vapors from the defendant's adjoining engine house, repair shop and locomotive engines, and by the obstruction of access to the plaintiff's building by the defendant's unlawful...

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