Legal Opinion

Bostick v. Smoot Sand & Gravel Corp.

Court of Appeals for the Fourth Circuit

Decided October 13, 1958No. 7578PublishedCited by 6 opinions

1Opinion of the Court

HAYNSWORTH, Circuit Judge.

The plaintiffs, owners of lands in Virginia bordering on the Potomac River immediately downstream from Mount Vernon, seek, among other things in this action, damages for the removal, without their permission, of sand and gravel from the bed of the river between the channel and their lands on the Virginia shore. Since the bed of the stream is in Maryland, their claim is bottomed upon Article 27, Section 572 of the Annotated Code of Maryland, 1951, which reads as follows:

“572. It shall not be lawful for any person to dig, dredge, take and carry away any sand, gravel or…

2Cases cited7 opinions

  1. Day v. DayCourt of Appeals of Maryland · 1865
  2. Taylor v. CommonwealthSupreme Court of Virginia · 1904
  3. United States of America, and Cross-Appellee v. Smoot Sand and Gravel Corporation, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1957
  4. Potomac Dredging Co. v. SmootCourt of Appeals of Maryland · 1908
  5. Smoot Sand & Gravel Co. v. Columbia Granite & Dredging Corp.Court of Appeals of Maryland · 1924

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Woodrow Sterling v. Velsicol Chemical CorporationCourt of Appeals for the Sixth Circuit · 1988
  2. Frederick O. Gaither v. Charles R. Myers and American Motorist Insurance Co., a CorporationCourt of Appeals for the D.C. Circuit · 1968
  3. Mullenix v. United StatesCourt of Appeals for the Fourth Circuit · 1993
  4. National Cash Register Co. v. K. W. C., Inc.District Court, E.D. Kentucky · 1977
  5. Bostick v. Smoot Sand & Gravel CorporationCourt of Appeals for the Fourth Circuit · 1958

1 more not listed; retrieve them via the Exa API.

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