Tyson v. Commissioners
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This action was instituted on the 17th of August, 1860, in the Circuit Court for Baltimore county, by the appellant to recover damages from the appellees for the destruction of his mill-dam, and injury to his mill, &e., at Ilchester, by a flood in the Patapsco rivei', which occurred in the month of May previous.
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Appeal from the Circuit Court for Howard County. This action was instituted on the 17th of August, 1860, in the Circuit Court for Baltimore county, by the appellant to recover damages from the appellees for the destruction of his mill-dam, and injury to his mill, &e., at Ilchester, by a flood in the Patapsco rivei', which occurred in the month of May previous. The declaration charged that the defendants, by building a wall on the bank of the stream in Baltimore county, at a point on said stream above said mill, and the dam therewith connected, where the water of the stream was accustomed to…
1Opinion of the CourtBartol, C. J.
The first three bills of exceptions present questions of evidence, the fourth brings up for review the ruling of the Cir-*525cult Court upon the prayers. These will be considered in their regular order.
First Exception. The Act of 3831, ®h. 27, authorizing the building of a bridge across the Patapsco, at Ilehester, which recognized the road in question as a public road, was admissible in evidence; when accompanied by proof showing that George Ellieott, .under whom the plaintiff claimed title, was cognizant of the application to the Legislature for the passage of the law, knew and approved of its…
2Cases cited2 opinions
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- Ely v. City of RochesterNew York Supreme Court · 1857
3Cited by10 opinions
- Anne Arundel County v. Carr.Court of Appeals of Maryland · 1909
- Peddicord v. Baltimore, Catonsville & Ellicott's Mills Passenger Railway Co.Court of Appeals of Maryland · 1871
- Walter v. County CommissionersCourt of Appeals of Maryland · 1872
- Lonaconing Midland & Frostburg Ry. Co. v. Consolidation Coal Co.Court of Appeals of Maryland · 1902
- Adams v. County CommissionersCourt of Appeals of Maryland · 1907
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