Georges Creek Coal & Iron Co. v. Detmold
High Court of Chancery of Maryland
[By the written agreement between these parties, dated the 11th of October, 1845, the plaintiff leased to the defendant, for the term of seven years, the furnace erected on the property of the plaintiff, known as the Lonaconing Furnace, together with certain rights and privileges therein enumerated.
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[By the written agreement between these parties, dated the 11th of October, 1845, the plaintiff leased to the defendant, for the term of seven years, the furnace erected on the property of the plaintiff, known as the Lonaconing Furnace, together with certain rights and privileges therein enumerated. Then follows a provision, giving the defendant exclusive use of the worked openings of the company, and the right to make other openings, &c.; and all timber necessary to the construction and maintenance of the works, mines and buildings, to be cut under the direction of the company. The defendant…
1Opinion of the Court
The Chancellor :
This injunction, in the view taken by me at the time, rested upon two very sufficient grounds, assuming the contract did *375not authorize the defendant to erect a saw mill, in the particular location selected for it, nor to make a rail or tram road, and to cut wood and timber for the purpose upon the lands of the plaintiff, to connect with the road of the Maryland Mining Company. These grounds were, the danger to which the furnace and its dependant improvements would be exposed from fire, by the erection and working of the saw mill in their immediate vicinity; and the destruction…
2Cases cited3 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Amelung v. SeekampCourt of Appeals of Maryland · 1838
3Cited by3 opinions
- Baltimore Butchers Abattoir & Live Stock Co. v. Union Rendering Co.Court of Appeals of Maryland · 1941
- Bamberger v. JohnsonCourt of Appeals of Maryland · 1897
- Jaworski v. WisniewskiCourt of Appeals of Maryland · 1925