LIGON v. POTOMAC ELEC. POW. CO.

[No. 211, September Term, 1958.]

219 Md. 438 (1959)

149 A.2d 376

LIGON ET UX. v. POTOMAC ELECTRIC POWER COMPANY

Court of Appeals of Maryland.

Decided March 20, 1959.


Attorney(s) appearing for the Case

J. Hodge Smith, with whom were Kelley & Smith on the brief, for the appellants.

Richard W. Emory, with whom were Cornelius Means, Frank A. Tyler, Jr., and Venable, Baetjer & Howard on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


PER CURIAM:

The sole question raised on this appeal is whether the trial court in a condemnation case properly ruled as a matter of law that the condemner had shown a necessity to take a strip of the appellants' property, for the purpose of erecting and maintaining an overhead power line, in fee simple rather than as an easement that would permit the quarrying of stone in the subsurface of the strip.

The cases recognize, and it is virtually conceded, that...

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