Legal Opinion

President of Washington & Baltimore Turnpike Road v. State

Court of Appeals of Maryland

Decided December 17, 1862PublishedCited by 12 opinions

Appeal from tbe Superior Court of Baltimore city. This is a scire facias, issued by order of tbe appellee against tbe appellant, in pursuance of tbe Act of Assembly of 1860, cb. 326, entitled, “An Act to authorize and direct tbe State’s Attorneys for Baltimore city, Baltimore county, Anne Arundel county, and Prince George’s county, to institute proceedings to forfeit tbe charter” of tbe appellants.

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Appeal from tbe Superior Court of Baltimore city. This is a scire facias, issued by order of tbe appellee against tbe appellant, in pursuance of tbe Act of Assembly of 1860, cb. 326, entitled, “An Act to authorize and direct tbe State’s Attorneys for Baltimore city, Baltimore county, Anne Arundel county, and Prince George’s county, to institute proceedings to forfeit tbe charter” of tbe appellants. Tbe writ recites tbe incorporation of the appellants in 1812, and the making of tbe road in pursuance thereof. It recites, also, tbe duty imposed upon tbe company by tbe 13th section of their…

1Opinion of the CourtGoldsborough, J.

By the Act of 1812, ch. 78, the appellant was incorporated with authority to make a turnpike road from the District of Columbia to the city of Baltimore. By the 16th section of the Act, the company was authorized to charge the tolls specified therein, as a compensation for their expenditure in establishing the road.

It cannot he doubted that the Legislature, in making this grant, sought to promote the public convenience "by the increased facility of travel incident to such an improvement; and the company, in accepting the grant, obliged itself to establish the road to effect this object, and…

2Cases cited11 opinions

  1. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  2. Mumma v. Potomac Co.Supreme Court of the United States · 1834
  3. Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1832
  4. Regents of the University of Maryland v. WilliamsCourt of Appeals of Maryland · 1838
  5. State ex rel. President of Charlotte Hall School v. GreenwellCourt of Appeals of Maryland · 1832

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3Cited by12 opinions

  1. Attorney Grievance Commission v. PenningtonCourt of Appeals of Maryland · 2005
  2. Wyatt v. State Roads CommissionCourt of Appeals of Maryland · 1938
  3. State ex rel. Kansas City v. East Fifth Street Railway Co.Supreme Court of Missouri · 1897
  4. Grimes v. Central Life InsuranceCourt of Appeals of Kentucky · 1916
  5. Beadle v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Kansas · 1893

7 more not listed; retrieve them via the Exa API.

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