Legal Opinion

Western Maryland Railroad v. Patterson

Court of Appeals of Maryland

Decided December 19, 1872PublishedCited by 12 opinions

Appeal from the Circuit Court of Baltimore City. The appeal in this case is from an order of the Court below, granting an injunction upon a bill filed by the appellee against the appellant. The allegations of the bill are sufficiently stated in the opinion of this Court. The case was heard in the Court below on the bill and exhibits, and the answer of the appellant was not filed until after the injunction had “been issued.

1Opinion of the CourtBowie, J.

The right of eminent domain being an exercise of extreme power, upon the principle of public necessity, 'all the restraints imposed hy law to 'prevent its.abuse should he scrupulously enforced.

For more than half a century, this State yielding to the spirit of enterprise which animated her citizens, and their desire to develope her resources by internal improvements, has delegated this power with liberal hand to various corporations; prescribing in the'several Acts of incorporation, the mode of acquiring private property for the several purposes contemplated by their charters.

In all these…

2Cases cited7 opinions

  1. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  2. Holland v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
  3. Page v. Mayor of BaltimoreCourt of Appeals of Maryland · 1871
  4. Methodist Protestant Church v. Mayor of BaltimoreCourt of Appeals of Maryland · 1848
  5. Mayor of Baltimore v. BouldinCourt of Appeals of Maryland · 1865

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3Cited by12 opinions

  1. Baltimore Belt Railroad v. BaltzellCourt of Appeals of Maryland · 1891
  2. Cumberland & Pennsylvania Railroad v. Pennsylvania RailroadCourt of Appeals of Maryland · 1881
  3. Webster v. Susquehanna Pole Line Co.Court of Appeals of Maryland · 1910
  4. Hopkins v. Philadelphia, Wilmington & Baltimore R. Co.Court of Appeals of Maryland · 1902
  5. Moores v. Bel-Air Water & Light Co.Court of Appeals of Maryland · 1894

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