Annapolis & Elkridge Railroad v. Gantt
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. This was an action brought on the 13th of April, 1872, by the appellee to recover damages for the destruction of certain cord-wood and growing timber, by fire occasioned by sparks and cinders omitted from a locomotive of the appellant. The defendant pleaded; 1st. Not guilty. 2nd. That the plaintiff was not seized of the land on which he alleges that the cord-wood and woods were destroyed by the defendant. 3rd.
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Appeal from the Circuit Court for Anne Arundel County. This was an action brought on the 13th of April, 1872, by the appellee to recover damages for the destruction of certain cord-wood and growing timber, by fire occasioned by sparks and cinders omitted from a locomotive of the appellant. The defendant pleaded; 1st. Not guilty. 2nd. That the plaintiff was not seized of the land on which he alleges that the cord-wood and woods were destroyed by the defendant. 3rd. That the plaintiff was not the owner of the cord-wood and woods which he alleges in his declaration wore destroyed. 4th. That the…
1Opinion of the CourtBartol, C. J.
This is a suit by the appellee to recover damages for the destruction of cord-wood and timber by fire, alleged to have been occasioned by the engines of the appellant.
Four bills of exception were taken by the appellant, the first three present questions of evidence, and the fourth brings up for review the rulings of the Circuit Court upon the prayers. These will be considered in their order.
First Exception. — The plaintiff, who was sworn as a witness, having proved the destruction by fire on the 28th of April, 1869, of a quantity of cord-wood and growing timber on his land, contiguous to the…
2Cases cited10 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- City of Delphi v. LoweryIndiana Supreme Court · 1881
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Duval v. BeckerCourt of Appeals of Maryland · 1895
20 more not listed; retrieve them via the Exa API.