Sapp v. Northern Central Railway Co.
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the following prayers: 1. If the jury find that the plaintiff, Alice Sapp, was the owner of the house and lot in question, and that the defendant broke into the same and tore down the front wall, and erected on her lot the fence mentioned in the evidence, then the plaintiffs are entitled to recover. 2. If the jury find from the…
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Appeal from tbe Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the following prayers: 1. If the jury find that the plaintiff, Alice Sapp, was the owner of the house and lot in question, and that the defendant broke into the same and tore down the front wall, and erected on her lot the fence mentioned in the evidence, then the plaintiffs are entitled to recover. 2. If the jury find from the evidence in the case that the plaintiff, Alice Sapp, and those under whom she claimed had for a period of twenty years…
1Opinion of the CourtMiller, J.
This action was brought by the appellants against the appellee. The declaration contains two counts, the first in trespass quare clausum, and the second in case for obstructing an alleged right of way, claimed by the plaintiffs by prescription, from their premises over the land of the defendant to a public highway. The most important question in the case, and the one we shall first consider, involves the plaintiffs’ right to recover under the second count.
The proof shows in substance that more than twenty-five years before the commencement of this suit, a row of small houses, one of which is…
2Cited by15 opinions
- Whalen v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1908
- Peck v. Baltimore CountyCourt of Appeals of Maryland · 1979
- Union Pacific Railway Co. v. KindredSupreme Court of Kansas · 1890
- D. C. Transit Systems, Inc. v. State Roads CommissionCourt of Appeals of Maryland · 1970
- Roberts v. Sioux City & Pacific RailroadNebraska Supreme Court · 1905
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