Browne v. Trustees of the Methodist Episcopal Church
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore. County. This was an action brought on the 2nd December, 1871, by the appellant against the appellees to recover damages for the obstruction of an alleged right of way.
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Appeal from the Circuit Court for Baltimore. County. This was an action brought on the 2nd December, 1871, by the appellant against the appellees to recover damages for the obstruction of an alleged right of way. At the trial below, the plaintiff offered in evidence the Act of 1849, ch. 323, a supplement to an Act authorizing the defendants to hold certain lands as a burial ground; a notice to the defendants to remove* the obstructions to the road ; the record of the case of Bujao vs. Broivne, et a?.,.in the Circuit Court for Baltimore County, in Equity, as also the record of the case of…
1Opinion of the CourtStewart, J.
The appellant sued for obstruction to a right of way, alleged to belong to him, through the property of the appellees.
There is no dispute about the property respectively claimed by the parties, but the-alleged right of way, has given rise to the contest. In the trial of the cause, the appellant. excepted to the refusal of his prayer, and the allowance of the appellees’ second prayef.
We think the appellant’s prayer was objectionable, upon several grounds. In blending propositions of law and fact, and proposing to submit mere assumption of both to the jury.
When the plat was offered by the…
2Cases cited7 opinions
- Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
- Ware v. RichardsonCourt of Appeals of Maryland · 1853
- Glenn v. DavisCourt of Appeals of Maryland · 1872
- Tongue's Lessee v. NutwellCourt of Appeals of Maryland · 1859
- Hatton v. WeemsCourt of Appeals of Maryland · 1841
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3Cited by17 opinions
- Chevy Chase Land Co. v. United StatesCourt of Appeals of Maryland · 1999
- Kennedy v. Mayor & City CouncilCourt of Appeals of Maryland · 1888
- Mayor of Baltimore v. Chesapeake Marine Railway Co.Court of Appeals of Maryland · 1964
- Maryland & Pennsylvania Railroad v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 1960
- Zimmerman v. SummersCourt of Special Appeals of Maryland · 1975
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