Baltimore Belt Railroad v. Baltzell
Court of Appeals of Maryland
Appeal from the Circuit Court No. 2 of Baltimore City. This appeal was taken from the decree of the Court helow perpetually enjoining The Baltimore Belt Railroad Company, its president, directors, and agents from instituting any proceedings for the condemnation of any of the land of the plaintiffs, mentioned in the bill of complaint and shown in plaintiffs' Exhibit C, and more especially from making any application to any justice of the peace for the issue of any warrant to…
Read the full summary
Appeal from the Circuit Court No. 2 of Baltimore City. This appeal was taken from the decree of the Court helow perpetually enjoining The Baltimore Belt Railroad Company, its president, directors, and agents from instituting any proceedings for the condemnation of any of the land of the plaintiffs, mentioned in the bill of complaint and shown in plaintiffs' Exhibit C, and more especially from making any application to any justice of the peace for the issue of any warrant to the sheriff of Baltimore City, to require him to summon a jury to value the damages which the plaintiffs may sustain by…
1Opinion of the CourtRobinson, J.
This is a hill to restrain the appellant, a railroad company, from proceeding to condemn certain real estate held hy the appellees as trustees. The company’s powers of condemnation are derived from section 167, Article 23 of the Code, which provides in the first place, that the company may agree with the owner for the purchase of any property which may he needed for the construction of its road, and if the owner he an infant, non compos, or a married woman, or a non-resident, application may he made by the company to a justice of the peace, who shall thereupon issue his warrant to the sheriff…
2Cases cited6 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Ulman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1890
- Mayor of Baltimore v. Johns Hopkins HospitalCourt of Appeals of Maryland · 1881
- George's Creek Coal & Iron Co. v. New Central Coal Co.Court of Appeals of Maryland · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Governor of the State v. Exxon Corp.Court of Appeals of Maryland · 1978
- Solvuca v. Ryan & Reilly Co.Court of Appeals of Maryland · 1917
- Bowie Inn, Inc. v. City of BowieCourt of Appeals of Maryland · 1975
- United States v. Certain Parcels of LandDistrict Court, D. Maryland · 1941
- Pitznogle v. Western Maryland RailroadCourt of Appeals of Maryland · 1913
35 more not listed; retrieve them via the Exa API.