Scott v. Bay
Court of Appeals of Maryland
Appeal from' Baltimore county c'ourt. . • This was an action of trespass on the case, brought by the appellee against the appellant, to' recover damages- caused by. the working of a- stone quarry. The declaration contains two counts.
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Appeal from' Baltimore county c'ourt. . • This was an action of trespass on the case, brought by the appellee against the appellant, to' recover damages- caused by. the working of a- stone quarry. The declaration contains two counts. The first states, in substance, that plaintiff and and defendant owned adjoining tracts of land; that upon that of defendant were situated large quarries of rock, near to the boundary line between the two tracts, and near to an ancient dwelling house, occupied by the plaintiff, and which had stood there on his land long prior to the opening of said quarries; that…
1Opinion of the CourtMason, J.
The first count in the present declaration clearly discloses-*443a case of trespass quart clausum fregit, and not an action on the case. This count alleges, that the appellant caused great injury to the appellee by opening quarries and blasting rocks therefrom, whereby large quantities of rocks and stones were thrown upon the dwelling-house and premises of the appellee, breaking the doors, windows, &c., and thus depriving him of the quiet possession and enjoyment of his property. Such acts would constitute a forcible breaking of the plaintiff’s close, and the injuries resulting therefrom would be…
2Cases cited1 opinion
- Fish v. DodgeNew York Supreme Court · 1847
3Cited by32 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Baltimore Gas & Electric Co. v. FlippoCourt of Appeals of Maryland · 1998
- Green v. T. A. Shoemaker & Co.Court of Appeals of Maryland · 1909
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
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