Legal Opinion · Dissent

Baltimore & Ohio Railroad v. Flaherty

Court of Appeals of Maryland

Decided January 5, 1898Published

Appeal from an order of the Circuit Court No. 2, of Baltimore City (Harlan, C. J.) The Baltimore and Ohio Employees’ Relief Association was incorporated in 1882. This charter was repealed by an Act of the Legislature, which took effect on April 1st, 1889. On March 29th, 1889, an agreement under seal was made between the Relief Association and the Baltimore and Ohio Railroad Company, by which the former transferred to the latter all of its assets, and the Railroad Company…

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Appeal from an order of the Circuit Court No. 2, of Baltimore City (Harlan, C. J.) The Baltimore and Ohio Employees’ Relief Association was incorporated in 1882. This charter was repealed by an Act of the Legislature, which took effect on April 1st, 1889. On March 29th, 1889, an agreement under seal was made between the Relief Association and the Baltimore and Ohio Railroad Company, by which the former transferred to the latter all of its assets, and the Railroad Company agreed to hold and apply the same for the purpose of the relief, pension and savings bank features of the association. It…

1Dissent

Bryan, J.,

dissented and delivered the following opinion:

The charter of the Baltimore and Ohio Employees’ Relief Association was repealed by the Act of 1888, chapter 527. It was provided by this Act that it should go into effect on the first day of April, eighteen hundred and eighty-nine. We have already had before us on three several occasions controversies which have ensued in consequence of the repeal of this enactment. The cases are reported in 72 Maryland, 493; 77 Maryland, 566; and in 79 Maryland, 442. The greater portion of the facts which bear on the questions now before us are stated…

2Cases cited8 opinions

  1. Baltimore & Ohio Railroad v. BrownCourt of Appeals of Maryland · 1894
  2. Baltimore & Ohio Railroad v. Baltimore & Ohio Employes' Relief Ass'nCourt of Appeals of Maryland · 1893
  3. Baltimore & Ohio Railroad v. CannonCourt of Appeals of Maryland · 1890
  4. Thomas v. President of the Farmers' BankCourt of Appeals of Maryland · 1877
  5. Brown v. ThomasCourt of Appeals of Maryland · 1877

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