Baltimore & Hanover Railroad v. Algire
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. This was an action of tresspass guare clausum fregit brought by the appellee against the appellant, in the Circuit Court for Baltimore County, and thence removed at the instance of the defendant to the Circuit Court for Carroll County, where it was tried. The insertion of the numerous prayers offered on both sides, is deemed unnecessary.
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Appeal from the Circuit Court for Carroll County. This was an action of tresspass guare clausum fregit brought by the appellee against the appellant, in the Circuit Court for Baltimore County, and thence removed at the instance of the defendant to the Circuit Court for Carroll County, where it was tried. The insertion of the numerous prayers offered on both sides, is deemed unnecessary. The jury rendered a verdict in favor of the plaintiff for $250, and judgment was entered accordingly. The defendant appealed.
1Opinion of the CourtRobinson, J.
This is an action of trespass quare clausum fregit against the appellant for running its trains over the land of the appellee, and the main question is whether a license under which the company entered on the land, and upon the faith of which it expended large sums of money in the construction of its road, can be set up as a defence in a Court of law to the action ? And this depends upon whether a right of way can be acquired in this State by a license upon the faith of which the way has been constructed ?
Sec. 1, Art. 24, of the Code, provides that no interest in or concerning land for a term…
2Cases cited5 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Foot v. New Haven & Northampton Co.Supreme Court of Connecticut · 1854
- M'Kellip v. M'IlhennySupreme Court of Pennsylvania · 1835
- Hays v. RichardsonCourt of Appeals of Maryland · 1829
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