Legal Opinion

Koch v. North Avenue Railway Co.

Court of Appeals of Maryland

Decided January 28, 1892PublishedCited by 18 opinions

Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court.

1Opinion of the CourtRobinson, J.

This is a bill by abutting lot owners to enjoin the defendant, a street railway company, from constructing its road on North avenue; and the questions are:

First. Is the defendant a lawfully incorporated company ?

Secondly. If incorporated, had it the legal right to lay tracks of its own outside of the tracks already laid on said avenue by other railway companies ?

Thirdly. Have the city authorities the power to authorize the defendant to use electricity as a motive power in propelling its cars ?

Fourthly. Is the elevated structure proposed to be built down North street an “elevated road” within…

2Cases cited2 opinions

  1. Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
  2. Basshor v. DresselCourt of Appeals of Maryland · 1871

3Cited by18 opinions

  1. Chevy Chase Land Co. v. United StatesCourt of Appeals of Maryland · 1999
  2. Gregg v. Public Service CommissionCourt of Appeals of Maryland · 1913
  3. Chevy Chase Land Co. of Montgomery County v. United StatesUnited States Court of Federal Claims · 1997
  4. Green v. City & Suburban Railway Co.Court of Appeals of Maryland · 1894
  5. Jaynes v. Omaha Street Railway Co.Nebraska Supreme Court · 1898

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