Philadelphia, Wilmington & Baltimore Rail Road v. State
Court of Appeals of Maryland
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
- State v. NutwellCourt of Appeals of Maryland · 1843
- State ex rel. Wroth v. NicolsCourt of Appeals of Maryland · 1838
- State ex rel. Gaither v. GaitherCourt of Appeals of Maryland · 1840
3Cited by18 opinions
- Beard v. StateCourt of Appeals of Maryland · 2001
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1864
- Huebschmann v. Grand CompanyCourt of Appeals of Maryland · 1934
- Imbraguglia v. StateCourt of Appeals of Maryland · 1944
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