M'Laughlin v. Long
Court of Appeals of Maryland
Appeal from Baltimore county court. The appellant, (the plaintiff in the court below,) brought an action of trespass on the case against the appellee, to recover damages for an injury sustained by the plaintiff from a tortious of the defendant, in committing waste upon premises which the plaintiff was a lessee for years. A verdict was found for the plaintiff, subject to the opinion of the court, upon the following case, yiz.
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Appeal from Baltimore county court. The appellant, (the plaintiff in the court below,) brought an action of trespass on the case against the appellee, to recover damages for an injury sustained by the plaintiff from a tortious of the defendant, in committing waste upon premises which the plaintiff was a lessee for years. A verdict was found for the plaintiff, subject to the opinion of the court, upon the following case, yiz. The plaintiff had rented, for one year only, the room mentioned in the declaration-, wherein the waste was alleged to have been committed, and held the‘same as tenant…
1Opinion of the CourtBuchanan, J.
This is an appeal from the judgment of Baltimore county court on a case stated, in- an action on the case, in nature of waste. [He here stated the evidence. 3 It is well settled that an action on the case, in nature of waste, may be brought, as well by him in remainder, for life or years, as in fee or in tail. But it has never been held to lie for one who has no interest either in remainder or reversion—the recovery being as for an injury done to the reversion. On no other ground can the action be maintained.
*115In this case it cannot be pretended that the plaintiff had any estate, either in…
2Cited by3 opinions
- Carroll v. BowlingCourt of Appeals of Maryland · 1926
- Dickinson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1878
- Duvall v. WatersHigh Court of Chancery of Maryland · 1827