Philadelphia, Wilmington & Baltimore Railroad v. Davis
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County. The case is stated in the opinion of the Court. Exception:—At the trial the plaintiff offered the following prayer: If the jury find that the plaintiff owned the premises mentioned in evidence, and that the same were adjacent to the hed of the railroad operated by the defendant, and that the natural flow of the surface water accumulated northerly and easterly of said premises, was between said premises and railroad westerly…
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Appeal from the Circuit Court for Harford County. The case is stated in the opinion of the Court. Exception:—At the trial the plaintiff offered the following prayer: If the jury find that the plaintiff owned the premises mentioned in evidence, and that the same were adjacent to the hed of the railroad operated by the defendant, and that the natural flow of the surface water accumulated northerly and easterly of said premises, was between said premises and railroad westerly and across Clinton street by an open trench or gutter referred to by the witnesses, and that the defendant closed said…
1Opinion of the CourtYellott, J.
An action on the case was instituted by the appellee against the appellant to obtain compensation, by the recovery of damages,- for alleged injuries to the plaintiff’s property caused by an overflow of surface water resulting from an alteration by the defendant of an existing drainage. The appellee is the owner of a house and lot in Canton at the northeast corner of Clinton and Boston streets. The appellant has a line of railroad laid on the bed of Boston street, which street terminates at its junction with Clinton street; but the track of the road crosses Clinton street, and, extending…
2Cases cited9 opinions
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887
- Ogburn v. ConnorCalifornia Supreme Court · 1873
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Whitman v. ForneyCourt of Appeals of Maryland · 1943
- Biberman v. FunkhouserCourt of Appeals of Maryland · 1948
- Bishop v. RichardCourt of Appeals of Maryland · 1949
- Western Maryland Railroad v. MartinCourt of Appeals of Maryland · 1909
12 more not listed; retrieve them via the Exa API.