Legal Opinion

Lonaconing Midland & Frostburg Ry. Co. v. Consolidation Coal Co.

Court of Appeals of Maryland

Decided November 20, 1902PublishedCited by 16 opinions

Appeal from a decree of the Circuit Court for Allegany County (Stake-, J.)

1Opinion of the CourtSchmucker, J.

Two questions are presented for our consideration by this appeal. The first is whether a certain road has been so dedicated to public use and accepted by the public as to constitute it a public highway. The second is whether the construction and use of an electric railway upon a portion of the bed of that road imposed a new easement thereon not contemplated in its dedication to public use.

The decree appealed from was passed by the Circuit Court for Allegany County and it made permanent an injunction restraining the appellant from constructing or operating its railway on a portion of a road…

2Cases cited12 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Morgan v. Railroad Co.Supreme Court of the United States · 1878
  3. Abbott v. MillsSupreme Court of Vermont · 1831
  4. Hodges v. Baltimore Union Passenger Railway Co.Court of Appeals of Maryland · 1882
  5. Green v. City & Suburban Railway Co.Court of Appeals of Maryland · 1894

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

3Cited by16 opinions

  1. Chevy Chase Land Co. v. United StatesCourt of Appeals of Maryland · 1999
  2. Smith v. ShiebeckCourt of Appeals of Maryland · 1942
  3. Chevy Chase Land Co. of Montgomery County v. United StatesUnited States Court of Federal Claims · 1997
  4. Potomac Edison Co. v. RoutzahnCourt of Appeals of Maryland · 1949
  5. Louis Sachs & Sons v. WardCourt of Appeals of Maryland · 1943

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

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