IVY H. SMITH CO. v. WARFFEMIUS

[No. 65, October Term, 1952.]

201 Md. 367 (1953)

93 A.2d 764

IVY H. SMITH CO., INC. v. WARFFEMIUS ET UX.

Court of Appeals of Maryland.

Decided January 14, 1953.


Attorney(s) appearing for the Case

George T. Burroughs, for appellant.

Hal C.B. Clagett and Jerrold V. Powers, with whom were Sasscer, Clagett and Powers and Lansdale G. Sasscer, Jr., on the brief, for appellee.

The cause was argued before DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.


HAMMOND, J., delivered the opinion of the Court.

This appeal involves the liability for trespass of the Ivy H. Smith Company, Inc., the appellant, a contractor which under written contract undertook to prepare a right of way and erect a high tension line for an electrical cooperative, and, in the course of its work, entered on the land of the appellees, and cleared a swath 100 feet wide by 300 feet long of trees and shrubs.

The Southern Maryland Electric Co...

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