McTavish v. Carroll
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard county. Trespass on the Case, brought on the 26th of August 1852, by the appellee against the appellant, for obstructing a road or right of way over the defendant’s land, from the plaintiff’s mill to his mill-dam, by the side of the mill-race, which, the plaintiff alleged, he was entitled to use for the purpose of repairing said race. The declaration is fully stated in the opinion of this court. Plea, non cul.
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Appeal from the Circuit Court for Howard county. Trespass on the Case, brought on the 26th of August 1852, by the appellee against the appellant, for obstructing a road or right of way over the defendant’s land, from the plaintiff’s mill to his mill-dam, by the side of the mill-race, which, the plaintiff alleged, he was entitled to use for the purpose of repairing said race. The declaration is fully stated in the opinion of this court. Plea, non cul. The present trial was had under the procedendo issued by this court upon the reversal of the judgment on the former appeal, reported in 7 Md.…
1Opinion of the CourtLe Grand, C. J.
This case is, for the second time, before this court. Tho result of the former appeal will be found in 7 Md. Rep., 352. As now presented it rests on three exceptions, the first to the admission of evidence offered by the plaintiff, the second, to the instructions of the court below, given at the instance of the plaintiff, and the third, to the rejection of the prayers offered pn the part of the defendant.
*438The first exception sets out the title of the plaintiff to the land, on which is erected an ancient mill, with the privilege of supplying that mill with water, by means of a dam erected on,…
2Cases cited3 opinions
- McTavish v. CarrollCourt of Appeals of Maryland · 1855
- Pegg v. WarfordCourt of Appeals of Maryland · 1855
- Ellicott v. LamborneCourt of Appeals of Maryland · 1852
3Cited by7 opinions
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- Baltimore & Ohio Railroad v. BlocherCourt of Appeals of Maryland · 1867
- Baltimore City Passenger Railway Co. v. BaerCourt of Appeals of Maryland · 1899
- Moneyweight Scale Co. v. McCormickCourt of Appeals of Maryland · 1909
- Rein v. Koons Ford, Inc.Court of Appeals of Maryland · 1989
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