Kirby v. Citizens' Railway Co.
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appellee under its charter, (Act of 1810, ch. 438,} and the ordinances of the city of Baltimore, laid down its railway tracks through certain streets in said city, and among others through Carey street, between Fayette street and Lafayette Avenue, and for some years had been exercising the easement of running its cars over said tracks.
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Appeal from the Circuit Court of Baltimore City. The appellee under its charter, (Act of 1810, ch. 438,} and the ordinances of the city of Baltimore, laid down its railway tracks through certain streets in said city, and among others through Carey street, between Fayette street and Lafayette Avenue, and for some years had been exercising the easement of running its cars over said tracks. The appellants under a contract with the Mayor and City Council, were about to construct a sewer under the bed of Carey street, between Fayette and Mulberry streets, and gave notice to the appellee of this…
1Opinion of the CourtRobinson, J.
The appellee is the owner of a horse railway on Carey street, and the appellants being about to construct a sewer under the bed of the street in pursuance of a contract with the Mayor and City Council of Baltimore, the question is whether the appellee is entitled to an injunction to restrain them from removing the railway tracks, or from otherwise interfering with the appellee’s use of said street for railway purposes.
The power to construct sewers, is expressly conferred on the City authorities, by sec. 835, of Art. 4, of the Code of Public Local Laws.
In the exercise of this power, they have…
2Cited by12 opinions
- Anderson v. FullerSupreme Court of Florida · 1906
- Mayor of Baltimore v. Baltimore Gas & Electric Co.Court of Appeals of Maryland · 1963
- City of San Antonio v. San Antonio Street Railway Co.Court of Appeals of Texas · 1896
- Mayor of Baltimore v. CowenCourt of Appeals of Maryland · 1898
- Central Passenger Railway Co. v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1902
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