Hughes v. Baltimore & Ohio Rd. Co.

I concur that the second cause of action in the petition was not disposed of, either by proper pleading or evidence, and that the order dismissing it was error and should be reversed. That cause being pending as an equitable issue, the damage to the land itself as alleged in the second supplemental petition was incidental to that pending cause of action and such issue should be disposed of as a part of it. It was a cause of action for damage to the land resulting from a continuing and permanent nuisance. It was separate and different from the damage that arose from the loss of growing crops…