Legal Opinion

Whalen v. Baltimore & Ohio Railroad

Court of Appeals of Maryland

Decided January 12, 1910PublishedCited by 11 opinions

Appeal from the Baltimore City Court (Dobler, J.j.

1Opinion of the CourtSchmucker, J.

This appeal brings before us for the second time the covenant which constitutes the cause of action in the present con - troversy. It came here first in a bill for its specific performance in the case of Whalen v. Baltimore & Ohio Railroad Co., reported in 108 Md. 11. We having declined to grant the relief there asked for, the present suit at law was instituted in the Baltimore City Court to recover damages for an alleged breach of the covenant.

The railroad company as defendant below demurred to the declaration and the Court sustained its demurrer whereupon the plaintiffs appealed from the…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
  2. Whalen v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1908
  3. Jeffersonville, Madison & Indianapolis Railroad v. BarbourIndiana Supreme Court · 1883
  4. Maryland & Pennsylvania R. v. SilverCourt of Appeals of Maryland · 1909

3Cited by11 opinions

  1. Huffman v. State Roads CommissionCourt of Appeals of Maryland · 1927
  2. Sheets v. Vandalia Railway Co.Indiana Court of Appeals · 1920
  3. Scheller v. Tacoma Railway & Power Co.Washington Supreme Court · 1919
  4. Hasman v. Elk Grove Union High SchoolCalifornia Court of Appeal · 1926
  5. Cunningham, Admr. v. New York Cent. R. Co.Indiana Court of Appeals · 1943

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