Mayor of Baltimore v. Merryman
Court of Appeals of Maryland
Appeal from a judgment of the Circuit Court for Harford County (Watters, J.), to which Court the case had been removed for trial from the Circuit Court for Baltimore County.
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Appeal from a judgment of the Circuit Court for Harford County (Watters, J.), to which Court the case had been removed for trial from the Circuit Court for Baltimore County. At the trial the following prayers were offered : Plaintiff's Prayer.—If the jury shall find in favor of the plaintiff, then, in considering the amount of damages to be given by their verdict, while they may not take into consideration any overflows or floodings of the plaintiff’s land which have occurred since the institution of this suit, nor the consequences thereof, yet they may take into consideration such overflows…
1Opinion of the CourtBoyd, J.
The appellee is the owner of a farm in Baltimore County, bounding on a running stream of water called the “Great Gunpowder Falls.” The appellant completed in 1881 the erection of a dam across this stream, about four miles below the appellee’s farm. The dam is a stone structure twenty feet high above the natural bed of the stream, and the water is backed up by it about eight hundred or a thousand feet north of Meredith’s Ford Bridge, which crosses the stream at the lower end of this farm. The plaintiff claims that the erection of the dam obstructed the flow of water along her farm, forced it…
2Cases cited2 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Mayor & Councilmen of Frostburg v. DuftyCourt of Appeals of Maryland · 1889
3Cited by19 opinions
- Widgeon v. Eastern Shore Hospital CenterCourt of Appeals of Maryland · 1984
- Cox v. Board of County CommissionersCourt of Appeals of Maryland · 1943
- Taylor v. Mayor of BaltimoreCourt of Appeals of Maryland · 1917
- Renninger v. StateIdaho Supreme Court · 1950
- Guest v. Commissioners of Church HillCourt of Appeals of Maryland · 1900
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