Mayor of Frostburg v. Hitchins
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County (Henderson, J.)' : Plaintiff's 2nd Prayer. — If the Jury find for the plaintiffs under their first prayer, then in estimating damages they may allow to the plaintiffs such amount as they find from the evidence will compensate them for the destruction of such portion of their buildings as the jury may find was destroyed by the defendant, and such further sum as will compensate the plaintiffs for the damage (if any) done by the…
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Appeal from the Circuit Court for Allegany County (Henderson, J.)' : Plaintiff's 2nd Prayer. — If the Jury find for the plaintiffs under their first prayer, then in estimating damages they may allow to the plaintiffs such amount as they find from the evidence will compensate them for the destruction of such portion of their buildings as the jury may find was destroyed by the defendant, and such further sum as will compensate the plaintiffs for the damage (if any) done by the defendant to the other portions of said buildings not torn down and carried away. {Granted.) Plaintiff's 3rd Prayer. —…
1Opinion of the CourtSchmucker, J.
This is an appeal from a judgment of the Circuit Court for Allegany County in favor of the appellees as plaintiffs in an action of trespass quare clausum fregit. The trespass forming the basis of the suit was the forcible removal by the appellant of an elevated structure erected across an alley way located on a lot of ground owned by the appellees on Main street in the town, of Frostburg.
The alley, which lies entirely within the boundaries of the appellees’, lot, was called for in a deed of the lot, made in the year 1852, to J. S. Welsh under whom the appellees claim title, and it has been…
2Cases cited5 opinions
- Corbett v. NuttSupreme Court of the United States · 1871
- Burgess & Commissioners v. StocksdaleCourt of Appeals of Maryland · 1902
- Mayor of Frostburg v. WinelandCourt of Appeals of Maryland · 1904
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Snively v. FahnestockCourt of Appeals of Maryland · 1862
3Cited by5 opinions
- Northern Central Railway Co. v. Oldenburg & Kelley, Inc.Court of Appeals of Maryland · 1914
- Mayor of Mount Airy v. SappingtonCourt of Appeals of Maryland · 1950
- City & Suburban Realty Co. v. SachseCourt of Appeals of Maryland · 1927
- Mayor of Mount Airy v. SappingtonCourt of Appeals of Maryland · 1950
- Mayor of Mount Airy v. SappingtonCourt of Appeals of Maryland · 1950