Western Maryland Railroad v. Martin

This is an appeal from a judgment of the Circuit Court for Frederick County for damages in an action on the case for nuisance. The suit was brought in Washington County and removed for trial to Frederick County where the judgment appealed from was obtained.

The cause of action was an alleged injury to a farm and buildings owned by the appellee arising from the ponding back of water thereon caused by the construction, across a steam and ravine, by the appellant railroad company of an embankment with a culvert of insufficient size for the passage of the waters of the stream and ravine in times…