New York, Philadelphia & Norfolk Railroad v. Jones
Court of Appeals of Maryland
Appeal from the Circuit Court for Wicomico County (Holland and Lloyd, JJ.) Plaintiff's ist Prayer.—That if the jury shall find from the evidence that the defendant is an incorporated Railroad Company owning a railroad running through Worcester County from Pocomoke City in said county, southwardly through certain swamps and erected embankments and laid down its tracks thereon, and cut the ditches on either side of said tracks and cut out and enlarged a small ditch upon the…
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Appeal from the Circuit Court for Wicomico County (Holland and Lloyd, JJ.) Plaintiff's ist Prayer.—That if the jury shall find from the evidence that the defendant is an incorporated Railroad Company owning a railroad running through Worcester County from Pocomoke City in said county, southwardly through certain swamps and erected embankments and laid down its tracks thereon, and cut the ditches on either side of said tracks and cut out and enlarged a small ditch upon the land lying west of and adjoining said railroad tracks, and thereby greatly increased the volume and rapidity of flow of…
1Opinion of the CourtPearce, J.
This suit was brought by the appellee, who is the owner of a farm in Worcester County, Maryland, to recover damages for injuries alleged to be caused to the appellee’s farm by large quantities of water cast upon it as a result of the construction of appellant’s railroad. The declaration contains two counts ; the first alleging that the defendant broke and entered the plaintiff’s lands and flooded the same with water; and the second alleging that by reason of the erection of an embankment upon which the track of the railroad was laid, and the cutting of ditches on the sides of this embankment,…
2Cases cited11 opinions
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Barabasz v. KabatCourt of Appeals of Maryland · 1900
- Keedy v. LongCourt of Appeals of Maryland · 1889
- O'Brien v. Baltimore Belt RailroadCourt of Appeals of Maryland · 1891
- County Commissioners v. WiseCourt of Appeals of Maryland · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Baltimore Belt Railroad v. SattlerCourt of Appeals of Maryland · 1905
- Commissioners of Delmar v. VenablesCourt of Appeals of Maryland · 1915
- Iron Clad Manufacturing Co. v. StanfieldCourt of Appeals of Maryland · 1910
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GriswoldIndiana Court of Appeals · 1912
- Western Maryland Railroad v. MartinCourt of Appeals of Maryland · 1909
7 more not listed; retrieve them via the Exa API.