Washington County Water Co. v. Garver
Court of Appeals of Maryland
Appeal from the Circuit Court for Garrett County, (Boyd, C. J., and Sloan J.) The plaintiff’s second prayer was that if the jury find for the plaintiff, then in assessing the damages they may take into consideration the loss of profits in running said mill, if they find there was any such loss occasioned by the act of the defendant, and any injury they may find the plaintiff sustained by being deprived of the use of the water for irrigating his land, watering his stock or…
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Appeal from the Circuit Court for Garrett County, (Boyd, C. J., and Sloan J.) The plaintiff’s second prayer was that if the jury find for the plaintiff, then in assessing the damages they may take into consideration the loss of profits in running said mill, if they find there was any such loss occasioned by the act of the defendant, and any injury they may find the plaintiff sustained by being deprived of the use of the water for irrigating his land, watering his stock or other domestic or household purposes up to the bringing of this suit, to wit, the 14th of November, 1896. — (Substituted.)…
1Opinion of the CourtFowler, J.
This is an action on the case brought by the plaintiff, Samuel B. Garver, against the Washington County Water Company to recover damages alleged to have resulted from the unlawful diversion by it of a water-course.
The only question presented is as to the propriety of the rulings upon the prayers.
During the course of the trial the plaintiff offered testimony tending to prove that he was the owner of the land through which the water-course in question runs; that on said land there was erected a flouring and chopping mill, and that from time immemorial this stream of water, known as “ Raven Rock…
2Cited by6 opinions
- Rait v. FurrowSupreme Court of Kansas · 1906
- Kelly v. NagleCourt of Appeals of Maryland · 1926
- Western Maryland Railroad v. MartinCourt of Appeals of Maryland · 1909
- Finley v. Teeter Stone, Inc.Court of Appeals of Maryland · 1968
- Brown v. NeelyNew York Supreme Court · 1949
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