Baltimore & Ohio Rail Road v. Thompson

Le Grand, O. J.,

delivered the opinion of this court.

This is an action of trespass quare clausum fregit, brought by the appellee, to recover damages from the appellant, for throwing down his fences, entering upon the land, scattering, frightening and injuring his cattle. To the declaration the defendant pleaded not guilty, and that the locus in quo was the proper soil of the defendant; that it was the soil, at the time of the alleged trespass, of one John Hoye, by whose license the defendant entered, &c. To these pleas there were replications, and to the latter,'rejoinders, the pleadings being…