Hetzel v. Baltimore Co

Citation18 S.Ct. 255,42 L.Ed. 648,169 U.S. 26
Decision Date03 January 1898
Docket NumberNo. 110,110
PartiesHETZEL v. BALTIMORE & O. P. CO
CourtUnited States Supreme Court

Frank W. Hackett and Walter D. Davidge, for plaintiff in error.

George E. Hamilton, for defendant in error.

Mr. Justice HARLAN delivered the opinion of the court.

The action was brought by the plaintiff in error to recover damages alleged to have been sustained in consequence of the unlawful obstruction by the defendant in error of D street, in the city of Washington.

The jury, having been instructed that the plaintiff could not recover anything more than nominal damages, returned a verdict for one cent; and for that amount judgment was entered in her favor, but without costs. And that judgment was affirmed in the court of appeals of the District.

The declaration alleged that the plaintiff was seised in fee of a certain lot of land on the corner of D and North Capitol streets, in the city of Washington, 'being lot numbered one in square six hundred and thirty,' and that the defendant on the 24th day of April, 1873, and thereafter at divers other times, had wrongfully, unlawfully, and injuriously obstructed that street, by placing thereon freight cars, in large numbers, and suffering the same to remain unreasonably long; by loading and unloading freight in the street; by using the street for the general purposes of a freight yard; by blocking the way with wagons and carts for the loading and unloading of freight,—the result being that the plaintiff, as well as the public, was prevented from passing and repassing on D street, and more particularly from using that portion of it on which plaintiff's lot abuts to gain access to or exit from her land,—and that the defendant still obstructs the street in the manner stated, whereby it has 'materially and seriously diminished the value of said land, and prevented the plaintiff from selling the same, though she tried so to do.'

The plaintiff brought a suit in April, 1873, to recover damages for this obstruction, and obtained a judgment, which was paid. The present suit covers the period of three years from April, 1873. The declaration in the two suits was the same, except that in the present action the declaration contains the additional words, 'and prevented the plaintiff from selling the same, though she tried so to do.'

In the present action the defendant pleaded (1) 'Not guilty'; (2) that the plaintiff's alleged cause of action did not accrue within three years before the institution of this suit; (3) that the plaintiff ought not to have or maintain her suit, because at a former term of the court she recovered judgment against the defendant in the sum of $843.86 in a suit at law for the same identical cause of action, which judgment was satisfied. Upon these pleas issue was joined in the usual form.

The bill of exceptions states that it was undisputed that the plaintiff owned unimproved land at the corner of D street northwest and North Capitol street, in the city of Washington; that along the side of her premises, about where the sidewalk would be, the defendant maintained and used a railroad track for receiving and delivering freight; that the track stopped on D street, being a siding; that the street was occupied by freight cars on the track, and carts were backed against the cars, so that access to the plaintiff's premises on the street was destroyed.

It was conceded that the track was maintained on the street without authority of law.

At the trial below the plaintiff testified that she owned the entire lot No. 1 in square 630; was joint owner with Judge Wylie in some 28,000 feet, but became sole owner in 1872; had not used the land since January, 1870, it being impossible to get upon it; had tried to sell it, but without success, persons wishing to buy saying that the position of the railroad rendered it useless to them; that there was no access to the land from D street, excepy on foot; that the occupancy of the street by freight cars, and the loading and unloading of freight, was continuous during the entire period covered by the present suit; that during this period she made every possible effort to sell the land, having instructed realestate agents to sell, or get an offer for purchase. She testified that the property was directed to be sold in any way that agents could sell it,—'to sell it or lease it, or in any way to get people to build upon it,'—and that she authorized its sale as one lot, but 'never confined them to selling the whole.' On cross-examination she said: 'Of course, I gave them the whole lot to sell, but I did not forbid them to sell any part, and my instructions were to make some disposition of it, so that it could be utilized in some way; to lease it or sell it, in whole or in part, or in any way. I always told them I wanted to sell or lease the whole or any part of it, in order to get buildings put up on the front of it.'

The plaintiff introduced the testimony of certain real-estate agents who had been authorized to sell the property, to the effect that the street was obstructed; that they took persons there to buy, who objected to purchasing because of the D street track; that they could readily have sold the lot for a certain price per foot, but for the obstruction of the track. She also produced the evidence 'of experts as to the value of the land with the D street track there, and with that track removed.'

It further appeared that an offer made for a part of the lot on the corner of D street was declined by the plaintiff because she did not choose to sell off a part, and two persons who had been authorized as agents to sell the property testified that they were instructed to sell lot 1 as an entirety, and were not permitted to sell in parcels.

The defendant put in evidence the record of conveyances, disclosing the title, and tending to prove that the plaintiff and Judge Wylie had owned as tenants in common since 1855 all of original lot 1, except 35 feet 10 inches, by a depth of 120 feet, which the latter owned in severalty, and that in December, 1871, they subdivided their holding into lots numbered from 1 to 11, with alleys, according to a plat dated January 1872, which was put in evidence.

The plat here referred to was as follows:

THT

Upon this plat were recorded the following words: 'This is to certify that we have subdivided that part of lot 1 in square No. 630, owned jointly by us, into the lots as laid down in the above plat as lots 1 to 11, both inclusive, with the alleys for their accommodation, which alleys are exclusively for the sole benefit and use of said lots.'

At the time of this subdivision, Judge Wylie and the plaintiff executed a deed of partition which gave sublots 1 to 5, inclusive, in severalty to the plaintiff, and sublots from 6 to 11, inclusive, to Judge Wylie, in severalty, but did not convey the fee in the alleys. In January, 1872, Wylie conveyed to Tyler, and Tyler to the plaintiff, sublots 6 to 11, and that portion of original lot 1 (35 feet 10 inches front) just mentioned as not having been held by plaintiff and Wylie in common, but did not convey the alleys as such. Those deeds read: 'Lots 6, 7, 8, 9, 10, and 11, being subdivisions of lot one in square No. six hundred and thirty, on the ground plan of said city, according to the metes and bounds, covenants and conditions, set forth and described in the deed of partition, dated December 28th, 1871, entered into by and between Andrew Wylie and Mary C., his wife, and the said Margaret Hetzel, and recorded, with plat of subdivision annexed thereto; * * * also, all that part of said lot one in said square No. six hundred and thirty, at the northeast corner thereof, fronting on North Capitol street thirty-five feet and ten inches, by a depth of one hundred twenty feet, together with all the improvements, ways, easements, rights, privileges, and appurtenances to the same belonging or in any wise appertaining, and all the remainders, reversions, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the said party of the first part, of, in, to, or out of the said piece or parcel of land and premises.'

The partition deed above referred to contained the following, among other, clauses: 'And the said parties, Andrew Wylie and Margaret Hetzel, do, and each of them doth, hereby mutually covenant and agree to and with each other as follows: That the said Margaret Hetzel, her heirs and assigns, shall have the right to erect any structure or building from lot number one on D street north over or across the alley entering from that street, on condition that an open space of ten feet in width and twelve feet in height shall at all times be kept clear for ingress and egress for the use of the other lots in the rear bounding on the alleys and area as designated in said plan. Also, that the said Andrew Wylie, his heirs and assigns, being owner or owners of lots eight, nine, and eleven in said plan, and of the above-mentioned part of said lot one in said square, not embraced in this partition, but owned at present by the said Wylie as his own individual property, fronting 35 10/12 feet on North Capitol street, by 120 in depth, may at any time, in their discretion, close the ten-foot alley running northward from the main area in the rear of lots eight and nine. Also, that the owner or owners of lots four and five shall have the like privilege to close the five-foot alley along the rear of lot five and part of lot six, so far as the main area aforesaid. Also, that all these alleys and area shall be private, and to be under the control of all owners of property touching thereon, and, except as hereinbefore otherwise provided, shall never be closed, unless by common consent; and the owners thereof,...

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