Northern Central Railway Co. v. Canton Co.
Court of Appeals of Maryland
Appeal from the Circuit Court ^fSr Baltimore County. This was an action of Replevin instituted by the appellant, to recover from the possession of the appellee, a lot of iron rails, frogs, spikes and bolts, claimed to be the property of the former, in- the possession of, or' being upon the property of the latter. The writ was issued October 27th, 1865, and the property replevied and delivered to the appellant on the 31st day of the same month.
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Appeal from the Circuit Court ^fSr Baltimore County. This was an action of Replevin instituted by the appellant, to recover from the possession of the appellee, a lot of iron rails, frogs, spikes and bolts, claimed to be the property of the former, in- the possession of, or' being upon the property of the latter. The writ was issued October 27th, 1865, and the property replevied and delivered to the appellant on the 31st day of the same month. The case was submitted to the Court below for its determination, without the aid of a jury on an agreed statement of facts, which will be found…
1Opinion of the CourtBkest, J.
It appears from the facts in this case, that the Northern Central Railway Company, after the year 1855, and before 1859, constructed, at its^ole cost and charge, a railway track upon the lands of the Canton Company, with the license and permission of the latter. The route adopted was agreed upon between them, and at the time of the construction of the road, the appellant had reason to believe it yyas laying its railroad upon land over which it had the free right of way. Whatever may have been the misunderstanding, as subsequently developed, between the companies, it was then believed by both…
2Cases cited4 opinions
- State v. Northern Central Railway Co.Court of Appeals of Maryland · 1862
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Holmes v. TremperNew York Supreme Court · 1822
3Cited by55 opinions
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Wright v. MacDonnellTexas Supreme Court · 1895
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
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