Pennsylvania Railroad v. Reichert
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. First Exception.—The plaintiff offered to prove, in order to show what damages had resulted to him from, the failure of the defendant to carry out its contract, the amount of annual profits as regulated hy market prices in Cumberland, which he would have realized as a retail dealer in coal, if the trestle had been erected and the connections given him by the defendant; to this…
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Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. First Exception.—The plaintiff offered to prove, in order to show what damages had resulted to him from, the failure of the defendant to carry out its contract, the amount of annual profits as regulated hy market prices in Cumberland, which he would have realized as a retail dealer in coal, if the trestle had been erected and the connections given him by the defendant; to this offer the defendant objected, hut the Court (Pearre and Motter, Second Exception.—The defendant proved that it is…
1Opinion of the Court
Baktol, 0. J.,
delivered the opinion of the Court.
In 1819, the appellee was the owner of a lot of ground in the City of Cumberland, occupied by him as a coal dealer, upon which there was erected a trestle connected by a switch with the Cumberland and Pennsylvania Railroad, by which he received supplies of coal for his customers. The appellant reqiiiring to have a right of way across the lot for its railroad, caused proceedings for condemnation to be instituted, under which a part of the lot was condemned for the use of the appellant. In constructing the road of the appellant, it was necessary…
2Cases cited3 opinions
- Whelan v. CookCourt of Appeals of Maryland · 1868
- Geiger v. Westerland Maryland RailroadCourt of Appeals of Maryland · 1874
- Kribs v. JonesCourt of Appeals of Maryland · 1876
3Cited by21 opinions
- Brohawn v. Transamerica InsuranceCourt of Appeals of Maryland · 1975
- Brack v. Mayor of BaltimoreCourt of Appeals of Maryland · 1915
- Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
- Smith v. DeereMississippi Supreme Court · 1943
- Orono-Veazie Water District v. Penobscot County Water Co.Supreme Judicial Court of Maine · 1975
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