Legal Opinion

Ellicott v. Lamborne

Court of Appeals of Maryland

Decided June 15, 1852PublishedCited by 5 opinions

This is an appeal from the court of Howard district of Anne Arundel county, in an action on the case brought by the appellee, in whose favor a verdict was found.

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This is an appeal from the court of Howard district of Anne Arundel county, in an action on the case brought by the appellee, in whose favor a verdict was found. During the trial, the plaintiff offered to prove by a competent witness, that he could not wash the rags used by him in making paper in his mill, in consequence of the impure and muddy state of the water in the stream, and which was caused by the earth and clay deposited on the margin and in said stream, and that great injury resulted to him therefrom, the plaintiff being prevented during all the ■ time from making white paper. To…

1Opinion of the CourtMason, J.

This is an action on the case instituted by the appellee, an owner of a paper mill, against the appellant. The ground of the plaintiff’s action is fully set out in his declaration, as follows:

The second count in the declaration alleges, that the de*134fendant, “whilst the said plaintiff was so possessed of his, said last mentioned mill and premises, with the appurtenances aforesaid, and so carried on his said trade and business therein, to wit, on the 1st day of October, in the year 1845, and on divers other days and times betwreen that day and the day of the impetration of the original wTrit of…

2Cited by5 opinions

  1. Baltimore City Passenger Railway Co. v. BaerCourt of Appeals of Maryland · 1899
  2. Moneyweight Scale Co. v. McCormickCourt of Appeals of Maryland · 1909
  3. Rein v. Koons Ford, Inc.Court of Appeals of Maryland · 1989
  4. McTavish v. CarrollCourt of Appeals of Maryland · 1859
  5. Weiller v. WeissCourt of Appeals of Maryland · 1915

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