Gladfelter v. Walker
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was au action instituted by the appellee against the appellant and one John A. Dushane, in the Circuit Court for Baltimore County, and on the affidavit of the appellant was removed to the Superior Court of Baltimore City. Dushane was returned non est. The declaration contained six counts ; the first was a count in trespass quare clausum fregit.
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Appeal from the Superior Court of Baltimore City. This was au action instituted by the appellee against the appellant and one John A. Dushane, in the Circuit Court for Baltimore County, and on the affidavit of the appellant was removed to the Superior Court of Baltimore City. Dushane was returned non est. The declaration contained six counts ; the first was a count in trespass quare clausum fregit. The second count stated that the plaintiff was possessed of a mill in Baltimore County, and by reason thereof, was entitled to the flow of a stream for the working of the same, and the said…
1Opinion of the CourtRobinson, J.
This suit was brought to recover damages of the appellant, defendant below, for entering and breaking the *9plaintiff’s close, and for fouling a stream of water, known as “Tlie Little .Falls of the Gunpowder,” which flowed through the farm of the plaintiff.
The declaration contains six counts: The last three counts allege substantially, that the stream had long flowed through the plaintiff’s farm in a pure state, but that some months prior to the institution of this suit, the defendant had fouled, and was daily continuing to foul the same by throwing into it certain poisonous substances.
The…
2Cases cited3 opinions
- Johns v. StevensSupreme Court of Vermont · 1830
- Thomas v. BrackneyNew York Supreme Court · 1851
- Williams v. BrambleCourt of Appeals of Maryland · 1852
3Cited by12 opinions
- Woodyear v. SchaeferCourt of Appeals of Maryland · 1881
- Mayor of Baltimore v. Warren Manufacturing Co.Court of Appeals of Maryland · 1882
- Kelly v. NagleCourt of Appeals of Maryland · 1926
- Neubauer v. Overlea Realty Co.Court of Appeals of Maryland · 1923
- New York, Philadelphia & Norfolk Railroad v. JonesCourt of Appeals of Maryland · 1901
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