Maryland & Pennsylvania R. v. Silver
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County (Van • Bibber, J.). This action was brought by the appellee, Anna W. Silver, against the appellant, Maryland and Pennsylvania Railroad Company to recover damages for the depreciation in value of certain lands of the appellee, located in Harford County, at a station on the line of defendant’s road about one mile south of the southern boundary of Pennsylvania, known as Cambrai, and also to recover damages for the loss of certain…
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Appeal from the Circuit Court for Harford County (Van • Bibber, J.). This action was brought by the appellee, Anna W. Silver, against the appellant, Maryland and Pennsylvania Railroad Company to recover damages for the depreciation in value of certain lands of the appellee, located in Harford County, at a station on the line of defendant’s road about one mile south of the southern boundary of Pennsylvania, known as Cambrai, and also to recover damages for the loss of certain rents of a warehouse erected thereon close to the right of way of the appellee. The material facts of the case so'far…
1Opinion of the CourtWorthington, J.
The theory of the plaintiff’s case is, that, the first stipulation in the habendum of the deed of date March 21, 1884, being the one relied on by the plaintiff to sustain the action, created an easement in the land conveyed for the benefit of the land retained by the grantor; or at least that it is a covenant that runs with such land in favor of the plaintiff as assignee of the original grantor.
We cannot agree, however, that a fair interpretation of the language of the stipulation in the deed warrants the inference that it wás the intention of the parties to create or reserve a right in the…
2Cases cited13 opinions
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- Whalen v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1908
- Marsh v. Fairbury, Pontiac & Northwestern Railway Co.Illinois Supreme Court · 1872
- Heirs of Burney v. LudelingSupreme Court of Louisiana · 1895
- Mobile & Ohio Railroad v. PeopleIllinois Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wood v. StehrerCourt of Appeals of Maryland · 1912
- Sheets v. Vandalia Railway Co.Indiana Court of Appeals · 1920
- Ringgold v. DenhardtCourt of Appeals of Maryland · 1920
- Gregg Neck Yacht Club, Inc. v. County CommissionersCourt of Special Appeals of Maryland · 2001
- Linthicum v. W.B. A. Elec. Rd. Co.Court of Appeals of Maryland · 1914
15 more not listed; retrieve them via the Exa API.