Chesapeake & Potomac Telephone Co. v. Mackenzie
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The cage is stated in the opinion of the Court. Section forty of Article three of the Constitution, to which reference is made in the opinion of the Court is as follows: “The General Assembly shall enact no law authorizing private property to be taken for public use, without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid, or tendered to the party entitled to such compensation.”
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Appeal from the Court of Common Pleas. The cage is stated in the opinion of the Court. Section forty of Article three of the Constitution, to which reference is made in the opinion of the Court is as follows: “The General Assembly shall enact no law authorizing private property to be taken for public use, without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid, or tendered to the party entitled to such compensation.” Exceptions One to Eleven, inclusive, relating to the admissibility of evidence adduced by the appellee upon the question of damages,…
1Opinion of the CourtMcSherry, J.
The declaration in this case alleges “that the plaintiff is possessed of a lot of ground, with the improvements thereon, being valuable warehouse property, known as Eo. 22 South Charles street, and while so possessed the defendant, without her authority or consent, and without making or offering to make compensation therefor, planted, a large and unsightly pole in the footway, in front of said premises, which obstructs and prevents the comfortable and reasonable and beneficial enjoyment and use of the said premises, and, though repeatedly notified to remove the 'said pole, refuses so to do,…
2Cases cited10 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Thomas v. FordCourt of Appeals of Maryland · 1885
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- Baltimore & Ohio Railroad v. BoydCourt of Appeals of Maryland · 1887
- American Telephone & Telegraph Co. v. PearceCourt of Appeals of Maryland · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
- Mayor and City Council of Baltimore v. United StatesCourt of Appeals for the Fourth Circuit · 1945
- Magee v. OvershinerIndiana Supreme Court · 1898
- Peck v. Baltimore CountyCourt of Appeals of Maryland · 1979
34 more not listed; retrieve them via the Exa API.