Douglass v. President of the Boonsborough Turnpike Road Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County: This was an action instituted by tbe appellant against appellees, on the 7th of August 1857. The declaration wbicb is in trespass contained• four counts: 1st. For breaking and entering plaintiff’s close, called ‘'‘More-land,” cutting down and carrying away trees, cutting and digging the soil; digging up to and under tlie fences of the plaintiff and undermining them, throwing down the fences and gates, and digging near the…
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Appeal from the Circuit Court for Washington County: This was an action instituted by tbe appellant against appellees, on the 7th of August 1857. The declaration wbicb is in trespass contained• four counts: 1st. For breaking and entering plaintiff’s close, called ‘'‘More-land,” cutting down and carrying away trees, cutting and digging the soil; digging up to and under tlie fences of the plaintiff and undermining them, throwing down the fences and gates, and digging near the foundation of his barn and removing the earth and rendering it insecure. 2nd. For entering said land, digging the soil…
1Opinion of the CourtQ-oldsboeough, J.
The appellees by the Act of 1814, cli. 71, were incorporated with power to make a turnpike road from Boons-borough to a point on the Potomac river. By the 10th section it provides that “hhe said road be made on, over, and upon the bed of the present road, as laid out and used.” The company was authorized to charge tolls on the road upon the completion of it. No effort appears to have been made to carry into effect the object of the char*236ter until after tbe year 1852. Tbe charter was, however, preserved by successive legislation. By the Act of 1852, ch. 266, the appellees were ‘ ‘authorized to…
2Cited by11 opinions
- Wyatt v. State Roads CommissionCourt of Appeals of Maryland · 1938
- Huddleston v. City of EugeneOregon Supreme Court · 1899
- Virginia Cañon Toll Road Co. v. People ex rel. VivianSupreme Court of Colorado · 1896
- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- State ex rel. Allison v. Hannibal & Ralls County Gravel Road Co.Supreme Court of Missouri · 1897
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