Carter v. Harlan
Court of Appeals of Maryland
Appear from .Cecil county court. This was an action of trespass on the case, brought on the 29th of October 1847, by the appellees against the appellants, to recover damages for an alleged injury to the plaintiffs’ water-right and .overflowing their land, occasioned by the erection of a dam in 1828 on defendants own land below that of the plaintiffs. The pleas were non cut. and limitations. Exception.
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Appear from .Cecil county court. This was an action of trespass on the case, brought on the 29th of October 1847, by the appellees against the appellants, to recover damages for an alleged injury to the plaintiffs’ water-right and .overflowing their land, occasioned by the erection of a dam in 1828 on defendants own land below that of the plaintiffs. The pleas were non cut. and limitations. Exception. The facts proved in the case are substantially as follows: The plaintiffs’ land was owned in fee by John Wilson in 1810, who mortgaged it in 1817. Under proceedings in equity on this mortgage it…
1Opinion of the Court
Le Grand, C. J.,
delivered the opinion of this court.-
Although the various questions presented by the respective-counsel were argued with great fullness and ability, in the view we have of the case, there is no necessity they should all be considered and decided by this court. There is an objection to the prayer offered on behalf of the defendants below that is perfectly conclusive of the case. Were it admitted, ex gratia argumenti, that such a right, as is claimed, to flow the land of the plaintiffs, could pass by a parol license, and that there was proof in the cause from which the jury…
2Cited by13 opinions
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
- Lowes v. CarterCourt of Appeals of Maryland · 1915
- Dawson v. Western Maryland RailroadCourt of Appeals of Maryland · 1907
- Metcalf v. HartWyoming Supreme Court · 1891
- Shipley v. FinkCourt of Appeals of Maryland · 1905
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