City & Suburban R. R. v. Washington, Westminster & Gettysburg R. R.

Boyd;, C. J.,

delivered the opinion of the Court.

It follows from what we have said in the opinion in the case of Mayor & Common Council of Hyattsville v. The Washington, Westminster & Gettysburg Railroad Company {Ante, p. 128) in reference to the charter, that the judgment in this case must he reversed. The only defense set up in the answer of the appellant is that the Public Service Commission can alone determine whether the appellee can cross the tracks, of the appellant at grade, and that hence the proceedings to condemn are not applicable. The answer alleges that the appellee had filed…