O'Brien v. Baltimore Belt Railroad
Court of Appeals of Maryland
Appeal from tlie Circuit Court of Baltimore City. This appeal was taken from the order of the Court below (Dennis, J.,) refusing the application of the plaintiff for a preliminary injunction. The case is stated in the opinion of this Court.
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Appeal from tlie Circuit Court of Baltimore City. This appeal was taken from the order of the Court below (Dennis, J.,) refusing the application of the plaintiff for a preliminary injunction. The case is stated in the opinion of this Court. The cause was argued before Alvey, C. J., Robinson, Bryan, Fowler, McSherry, and Briscoe, J. The right of the appellant as an abutting owner to the use of the street, and for access to and from his lot and house, is property within the meaning of section 40 of Article 3 of the Constitution — it was one of the things he paid for when buying the lot, and it…
1Opinion of the CourtAlvjey, C. J.
The Court below passed its order refusing the injunction upon consideration of the allegations of the bill and the exhibits filed therewith, without reference to the answer of the defendant, which had been previously filed. The answer was properly before the Court, and the defendant was entitled to have it considered, if material, in determining the question whether the injunction should issue. Lynn vs. Mt. Savage Iron Co., 34 Md., 624; Adams’ Doct. Eq., 356, and notes. We entirely agree, however, with the learned Judge below, that, without regard to the answer, the bill fails to present a…
2Cases cited8 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Mayor of Cumberland v. WillisonCourt of Appeals of Maryland · 1878
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3Cited by23 opinions
- Brown v. StateSupreme Court of Georgia · 1982
- Taylor v. Mayor of BaltimoreCourt of Appeals of Maryland · 1917
- Krebs v. State Roads CommissionCourt of Appeals of Maryland · 1931
- Langley Shopping Center, Inc. v. State Roads CommissionCourt of Appeals of Maryland · 1957
- DeLauder v. County CommissionersCourt of Appeals of Maryland · 1901
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