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limes.PRICE r, CENTS- were granted i race at RockvilleTHE MIT.The following pi. in the celebrated i-i a week or more aglt;PLAINTIFF’S first IMCA YEh-GRANTED. The plaintiff, by bis counsel, prays the court to instruct the jury, that if they believe from all the evidence in the cause that the plaintiff was the owner of pu easement m a certain water power flowing trom Will’s Creek to two mills in the town of Cumberland, and thence from said two mills by a tail race, through the town of Cumberland, and that the extent of the usefulness of said wate' power was dependent upon its free and unobstructed How through said tail race, and that there are obstructions in the said tail race which have impeded and obstructed the free and usu l liow of water through said mee, whereby the said water power has been il and impaired, and that from saidl ^ ‘ V . *1. in. I I, • 1 m 1 lt;11 . 11V injured and impaired, and that from said j ever authorized or dht obstruction the plaintiff hie been injured I or any other person and damaged, and that the said impedi- i from the public waterbringing of the suit in this cauac,^ drainage, sewerage and flow of wat«|bm thestreets, lanes and alleyr of tn^cUy of Cumberland and the surrounding countiy, lms uniformly flowed during all of said time into the said mill race or natural water course, and if the jury shall further believe that the injury or injuries complained of resulted therefrom, then the plaintiff is not entitled to recover for said injury.defendant's fifth prayer—GRANTED.The defendant, by its counsel, prays the court to instruct the jury that if they shall believe from the evidence in their cause that the stream mentioned in the declaration called the mill race, was a natural watercourse, and notan artificial one, and that for more than twentv years prior to the bringing of this suit, tbe defendant has exercised the right continuously, adversely and uninterruptedly of using the said natural water course to receive, carry off, and drain the streets, lanes, alleys and the adjacent country around Cumberland, naturally drained by said race; thea the defendant thereby acquired a prescriptive right so to use the said water course for all time to receive the drainage, sewerage and flaws of water from the streets, lanes, and alleys of the said city and surrounding country; and the plaintiff can-uot in this action recover against the defendant for exercising the said right or using the same for carrying oft the sewerage of the said city.IKFEK1ANT*8 SIXTH PRAY Kit—Ult ANTEDThe defendant, by its Counsel, prays the court to instruct the jury that there is no ! * -Dec in the ramie that the defendant authorized or dh-jjeted John Humhirdtothe. ..... impimi nts or obstructions to the flow of said i water through said tail race arc the re- I suits of such acts of the defendants as car- j ried iuto the race an amount of rubbish |raterworks, or to wash the streets in the manner testified by the witnesses in their cause, or to cleanse the streets in that wav, and there I cing no evidence that the defendant ever notified approved said act: if the jury shall bc-ve tbat the said John Hum bird or others acting under his orders or d'itae*' tion, did so wash and cleanse tinand debris at points, nnd In quantities be , yond that which w, uld be so err ried into | lie-said race by the natural drainage of thecity and the adjacent country, then their , .......____. .. ....._verdict must be for the pl.iiipMT, unless j of the City of Cumberland, whereby they further find that the defendant had plaintiff* was damaged and injured d a prescriptive right to obstruct and impede tiie flow of raid water in the tail race in the manner and to extent of the obstruction now complained of by the plaintiff.plaintiff’s third prayer—granted.The plaintiff* by In’s counsel further prays the court to instruct the jury that if they believe from the evidence in the cause that the defenl ant, within twenty } ears next preceding the bringing lt;f this suit, diverted the wrater, rubbish and debris, or any considerable portion thereof from the regular and natural chanue’s by which it flows down “Frog Hollow” ami Frederick street, and through the sewimaged and injured fin his rights, .-till the plaintiff U not entitled to recover in tills case against the defendant for siu li damage or injury. defendant’s SEVENTH prayer granted The defendant, by its counsel, prays the court to instruct the jury that there is no evidence off ered in the- cause tending to prove that the defendant is responsible to the plaintiff for any damage done or tin lawful acts committed *by lot owners or other citizens of Cumberland along the line of the water course in the declaration mentioned, by which the jury may find that be has been injured in his rights. defendant s eighth prayer—granted. ..... ..... The defendant, by its counsel, prayersemptying into the race near Liberty street Ihr court to instruc t the jury tbat ever arch, and earned the same doun tie Bed- (Uo|lirll th,.v 11)ay liclu.vej fr'm thcford road and Bedford street, and erapt ing thc same into the the race at a point where it would more injuriously affect tin-free flow’ of water in the tail race f.om said mill to wit : on the south side of Bedford strec*, immediately below tl • mill of the plaintiff, and thereby ob structed I he free flow of w’ater in said tail race, w hereby the plaintiff was damaged; then their verdict must be for the plaintiff, although the* may further find that the defendant had a prescriptive rigliito flow saiil water, tuhbish and debris down said “Hollow.” Frederick street and sewer into the race at Idbeity street arch.DEVENDAXl’:* FI RSIr PRAYER—GRANTKD.Thedefendant bvits counsel prays thecourtto instruct the jurythat iftheyn as-hull !jelierefromthc evidcnce in thehavecause,that the sire.am ofwatei ormilldemrace iia the dlt;?c!aratiion mentioned.was ait per-natun111 'in;,ra andnot anartificialonet forand that it was thenaturalI outlet foir theflow cJ the Vrater for thelaw ,andalleysanil ecountry vv lie ret theC'umbcrlaudis situ a ted,and that thegreatdraini»gc Olthe said cowtuny na iirellvihout g for oat is:r anilt less when Hi tothe t fool train r,„ —. —§ -------- ...... thc evidence in this cause that thc plaintiff suffered damage from the wrongful act* of the defendant, or its officers or agents, in obstructing his casement or flow of water to or from his said mill, by throwing the sewerage of the said city iu the water course mentioned in the decimation ; the measure of damages in such ease w ould be whatever the jury shall be-l eve it would have cost him to have removed said obstruction or obstructions, and the profit which lie would derive from said mill or mills whilst s-aiii obstruction or obstructions were being removed.defendant’s twrlitu prayer—The defendant, by its counsel, prays the court to Instruct the lury, that the courses ami distances of thc lots biudiug on both sides of the race or water course, as offered hi evidence in this cause, call to run to thc mill race, and then with the mill race such call in law carries the line to the middle1 thread or centre of the stream ; if the jury shall believe that the said stream is a natural water course and not a navigable stream, defendant's thirteen m prayer iONCEDED.The defendant, by its counsel, prays the urt to instruct the jury that uudcr the pleadings in this cause, the plaintiff is not entitled to recover any damages Ing longer than three years belore1,000 most llshed sin M.sight, nil thepoemtriend,yearsflowed iuto the s,rd stream of water trom the first foundation i f Cumberland, nnd that the said stream was not a navigable stream of water, and that the drainage of thc street.*, of the said city of Cumberland from the time m hereof the memory runneth not to ttfC contrary, naturally flow iuto thc said stream of water or wa- . , .ter-course la the'declaration mentioned, j the bihvylng of this suit, and that the said mills mentioned in said declaration us being owned by the said plaintiff, were Luilt by the said plaintiff or those under whom he claims title on or across the said water course in the said declaration mentioned, and that the said water course was connected by a dam across vVill’s creek, with the waters of I Will’s creek, by the plaintiff or those under whom he claims title, with the water course or race in the said declaration mentioned, and that the said pla’ntlff or those under whom be claims title, bunt hisjnills )o thc water course In the declaration mentioned, ou property owned ) by the said plaintiff or those under whom j he claims title, as described in said declaration, audahat thc lots on each side of the said w ater course or mitt race w ere laid off originally as ruuuing to the saidV' illt;T 01.1! • ajjd lit U the '.-.1-1 V. ,.!•••course was not a navieable stream, and if i the jury shall further believe from j the cvideuce in this cause that the defend* ; ant in this cause, being tire Mayor and ;City Council of Cumberland under its ! charter, and the several amendments J thereto, which art* hen by made a part of this prayer, did nothing more than to make provision for the emptying of the j water discharged by the streets, alleys, j lanes and ravines of the city of Cumber* ! land unit the surrounding country, Into j the natural water course or race as dc ; scribed in said declaration, then the j plaintiff U not entitled to recover underthe plea ling in this cause.’**-■***_ Idefendant shrill*«i»j prayer —•.rants:u. !The defendant, by its counsel ,*prsys the j i-ourt to instruct the jury that it they shall believe from the cvideuce in this causa that Jo • u Humbird was the duly elected ■ and acting Mayor of the defendeut, under | and by virtue of the charter and its si v erul supplements and the several Rets for building the water works ottered in evidence in the cause, when the wrongs are alleged to have been done tu the plaintiff iu February or March, IkTO, by the washing of a certain street or streets with the water from the hydrants of the said city, whercj.y the mud and filth of the said street or streets were east in the mitt race in said declaration mentioned b which the plaintiff Was alleged to have been damaged in In'* i ights - then- being no evidence offered in the ease that the Mayor or any ot the officer* of said corporation were authorized by thc defenduutf to do th- said acts, *r that the said acts wen-approved or ratified by the defendant, the defendant cannot be held responsible for said acts or any injury or iujurit-s fiowing therefrom*DKFENDANI S niAYEK- GRANTED.The defendant by its counsel prays the court to instruct the jury that If they believe trom the evidence iu this cause, that the stream mentioned in the declaration called the mill race, was a natural water * •utse and uot an artificial one u»d that t r more fthan twenty y-- »*' prior to the
Newspaper Details
Alleganian and Times
Cumberland, Maryland, US
Wed, Apr 18, 1877
Page 1
Full Page
Clipped by
Ruth D.
USA 15 Feb 2024
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