Northern Central Railway Co. v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City : The appéal iu this cause was taken frorp. a pro forma order of the Circuit Court for Baltimore city, overruling a motion of the defendant, now appellant, to dissolve an injunction which had been previously granted, enjoining the appellant from constructing, grading, or laying with rails, their branch railroad or way, upon, along or across certain streets in the city of Baltimore, or from altering the grade of any of said…
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Appeal from the Circuit Court of Baltimore City : The appéal iu this cause was taken frorp. a pro forma order of the Circuit Court for Baltimore city, overruling a motion of the defendant, now appellant, to dissolve an injunction which had been previously granted, enjoining the appellant from constructing, grading, or laying with rails, their branch railroad or way, upon, along or across certain streets in the city of Baltimore, or from altering the grade of any of said streets, or from proceeding with the work of building the said road, except with the consent, and under the supervision of…
1Opinion of the Court
Bartol, J.,
after stating the facts of the case, ante p. 95, delivered the opinion of this Court as follows :
The appellant contends, that under the Act of 1853, and the assent of the Mayor and City Council, given in the first section of the ordinance, it has the right “to locate the lateral road through the city over such route, and with such grade or grades as the company, in the exercise of its discretion, might deem expedient.”
Upon this question this Court is of opinion the appellant is in error. By the charter of the city of Baltimore and its supplements, the State has conferred upon the…
2Cases cited1 opinion
- Philadelphia, Wilmington & Baltimore Rail Road v. StateCourt of Appeals of Maryland · 1863
3Cited by20 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- Mayor of Baltimore v. Clunet ex rel. ClunetCourt of Appeals of Maryland · 1865
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
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