Brooke v. Winters
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. This was an action on the case brought by the appellee, against the appellants, in the Circuit Court for Carroll County, and subsequently removed at the instance of the defendants, into the Circuit Court for Baltimore County.
Read the full summary
Appeal from the Circuit Court for Baltimore County. This was an action on the case brought by the appellee, against the appellants, in the Circuit Court for Carroll County, and subsequently removed at the instance of the defendants, into the Circuit Court for Baltimore County. The suit was instituted the 30th of April, 1870, and tried in April, 1873. The declaration averred that the plaintiff was possessed of a farm and mill, and entitled to the free and undisturbed flow of a stream of water for working said mill, and for other purposes, and that the defendants deposited large quantities of…
1Opinion of the CourtStewart, J.
The plaintiff in the third count of his declaration, alleges that he is entitled to the free and undisturbed flow of the water of the stream into his mill and dam ; and that the defendants had deposited large quantities of earth, mud and iron ore in the stream and dam, and greatly filled up and obstructed the same, to the injury of his dam and mill, for which he claims damages in this suit.
At the trial the plaintiff to maintain the issues on his part, offered evidence to prove that the defendants have been engaged in mining and washing iron ore since the fall of 1868, about seven-eighths of a…
2Cases cited3 opinions
- Lee v. TingesCourt of Appeals of Maryland · 1854
- Keller v. DonnellyCourt of Appeals of Maryland · 1853
- Lwein v. SimpsonCourt of Appeals of Maryland · 1873
3Cited by16 opinions
- Meyerson v. StateCourt of Appeals of Maryland · 1942
- Maryland Electric Railway Co. v. BeasleyCourt of Appeals of Maryland · 1912
- Bevans v. StateCourt of Appeals of Maryland · 1942
- Citizens National Bank v. CustisCourt of Appeals of Maryland · 1927
- Baltimore Refrigerating & Heating Co. v. KreinerCourt of Appeals of Maryland · 1909
11 more not listed; retrieve them via the Exa API.