Southern Maryland Agriculture Ass'n v. Meyer

Henderson, J., delivered the opinion of the Court. This appeal is from a decree of the Circuit Court for Prince George’s County, in equity, enjoining interference ³⁴ with the use of a certain roadway over the land of the appellant, and requiring the appellant to remove obstructions and restore a bridge. The questions presented are whether the appellees acquired an easement by prescription or dedication, and whether there was jurisdiction in equity to decide the disputed question of title. We find no merit in the contention as to jurisdiction.

The authorities were discussed in the recent case of Potomac Edison Co. v. Routzahn, 192 Md. 449, 456-8 , 65 A. 2d 580, 583 , where it was said that the rule requiring resort to an action at law is not inflexible, and that factors such as the possibility of irreparable damage, the lack of reasonable doubt as to the title, and the need for mandatory injunction to afford complete relief, may be taken into account. Cf. Smith v. Shiebeck, 180 Md. 412 , 24 A. 2d 795 . In the instant case there was abundant proof of continuous user for the statutory period.

In 1908 Jacob Meyer, the father of four of the appellees, and some of his neighbors began fording the Patuxent River, by team and on horseback, and crossing the land now owned by the appellant to a county road known as the Bowie Road, and thence to the town of Bowie, where they transacted business, purchased supplies and attended church. In 1919 several of the appellees constructed a bridge over the river and continued to use the road, which had a gravel surface and was generally kept in repair by the appellees, although some surfacing was done by the appellant. In 1926 the appellant erected a new grandstand, which involved a relocation of a portion of the road, but the appellees continued to use it without interruption until May 13, 1949, when barricades were erected. No permission was ever sought from or given by the appellant.

While the appellees could reach Bowie by another road, this alternate route was about three times as long. It was shown that while some of the appellees had, at one time or another, been employed at the track, others had never been so employed. ³⁵ The chief contention of the appellant is that the adverse character of the user was not established, and that it was in fact permissive, because of the maintenance by the appellant of one or more sliding gates which it maintained on the roadway. But the evidence shows that these gates were never locked and were kept open