Crook v. Pitcher
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This action was brought by the appellee against the appellant to recover damages for obstructing a way which the former was entitled to use, and also for obstructing a highway over which he was accustomed to travel. Both roads lay wholly in Baltimore County. The defendant demurred to the declaration.
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Appeal from the Court of Common Pleas. This action was brought by the appellee against the appellant to recover damages for obstructing a way which the former was entitled to use, and also for obstructing a highway over which he was accustomed to travel. Both roads lay wholly in Baltimore County. The defendant demurred to the declaration. The Court (Brows', J.,) overruled the demurrer, the only objection urged by the defendant being that the road, way or highway in the declaration mentioned, was not located or described with sufficient distinctness. At the trial of the case before the jury,…
1Opinion of the CourtRobinson, J.
The declaration contains two counts: — Eirst count for obstructing a right of way belonging to the plaintiff; and the second for obstructing a highway used by the plaintiff in going to and coming from the post-office, markets, •school, and hauling the produce from his farm, in consequence of which he was obliged to use a longer and more circuitous road. The way or road thus alleged to have been obstructed lies in Baltimore County, and the venue is laid and the suit is brought in the Court of Common Fleas of Baltimore City.
The first question arising on the demurrer, is whether the plaintiff…
2Cases cited2 opinions
- Houck v. WachterCourt of Appeals of Maryland · 1871
- Patterson v. WilsonCourt of Appeals of Maryland · 1834
3Cited by28 opinions
- Superior Construction Co. v. ElmoCourt of Appeals of Maryland · 1954
- Phillips v. Mayor of BaltimoreCourt of Appeals of Maryland · 1909
- Ruark v. International Union of Operating Engineers, Local Union No. 37Court of Appeals of Maryland · 1929
- Gunther v. DranbauerCourt of Appeals of Maryland · 1897
- Weinberg v. KrackeCourt of Appeals of Maryland · 1947
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