Railroad Co. v. Maryland
Supreme Court of the United States
Error to the Court of Appeals of Maryland; the case being thus: A statute of Maryland granted to the Baltimore and Ohio Railroad Company the right to make a branch or lateral road from Baltimore to Washington City, and of employing machinery and carriages thereon, for the transportation of freight and passengers.* And it was further enacted, “ That the company shall be entitled to charge and take for conveying each person, the whole distance between the cities of Baltimore…
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Error to the Court of Appeals of Maryland; the case being thus: A statute of Maryland granted to the Baltimore and Ohio Railroad Company the right to make a branch or lateral road from Baltimore to Washington City, and of employing machinery and carriages thereon, for the transportation of freight and passengers.* And it was further enacted, “ That the company shall be entitled to charge and take for conveying each person, the whole distance between the cities of Baltimore and Washington, not exceeding two dollars and fifty cents, and in proportion for every shorter distance. “ That the said…
1Opinion of the CourtJustice Bradley
The first question raised has reference to jurisdiction.
It appears by the record that the question of the constitu tionality of the stipulation, under the statute of Maryland, was distinctly raised by the defendant, with a denial of any estoppel precluding such a defence. The counsel for the plaintiff contend, and the Court of Appeals of Maryland held, that whether the stipulation by the State for one-fifth of the passage-money was constitutional or not, it was received by the company for the State, and was the money of the State, the company being merely the agent of the State ■to collect…
2Cited by63 opinions
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