Legal Opinion

Philadelphia, Wilmington & Baltimore Rail Road v. State

Court of Appeals of Maryland

Decided October 9, 1863PublishedCited by 18 opinions

Appeal from the Circuit Court for Cecil County : This appeal is from a judgment of the Circuit Court for Cecil County, in favor of the State, upon an indictment charging the appellant with erecting and maintaining a nuisance upon a public highway. The case is stated in the opinion of the Court. The cause was argued before Bartol, Goldsborough and Cochran, J. .1st. A demurrer goes bach to the first error in pleading.

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Appeal from the Circuit Court for Cecil County : This appeal is from a judgment of the Circuit Court for Cecil County, in favor of the State, upon an indictment charging the appellant with erecting and maintaining a nuisance upon a public highway. The case is stated in the opinion of the Court. The cause was argued before Bartol, Goldsborough and Cochran, J. .1st. A demurrer goes bach to the first error in pleading. Yingling vs. Hoppe, 9 Gill, 313. All the counts are defective in not stating the road and bridge to be in Cecil County; from the description in the indictment the bridge may be in…

1Opinion of the CourtGoldsborough, J.

This case comes before us by appeal -from a judgment of the Circuit Court for Cecil County, in favor of the appellee upon an indictment charging the appellant with the erection and continuance of a bridge across iis railroad, which is alleged to be a nuisance.

The indictment contains three counts: The first count charges that a certain railroad company under the name of the Delaware and Maryland Bail Boad' Company, was incorporated by the Act of 1831, ch. 296, with power to *162construct a railroad therein described. This Act provided, that in constructing the road, whenever it was necessary to…

2Cases cited3 opinions

  1. State v. NutwellCourt of Appeals of Maryland · 1843
  2. State ex rel. Wroth v. NicolsCourt of Appeals of Maryland · 1838
  3. State ex rel. Gaither v. GaitherCourt of Appeals of Maryland · 1840

3Cited by18 opinions

  1. Beard v. StateCourt of Appeals of Maryland · 2001
  2. Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
  3. Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1864
  4. Huebschmann v. Grand CompanyCourt of Appeals of Maryland · 1934
  5. Imbraguglia v. StateCourt of Appeals of Maryland · 1944

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