Western Maryland Rail Road v. Owings
Court of Appeals of Maryland
Appeals from the Equity side of the Circuit Court for Baltimore county. These appeals are taken from 'orders of the court below, (Price, J.,) granting injunctions upon bills filed, the one on tbe 16th of February 1858, and the other on tbe 24th of May 1859, by the appellees against the appellants. The allegations of the bills and the purport of the injunctions are sufficiently stated in tbe opinion of this court.
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Appeals from the Equity side of the Circuit Court for Baltimore county. These appeals are taken from 'orders of the court below, (Price, J.,) granting injunctions upon bills filed, the one on tbe 16th of February 1858, and the other on tbe 24th of May 1859, by the appellees against the appellants. The allegations of the bills and the purport of the injunctions are sufficiently stated in tbe opinion of this court. From the orders granting the injunctions the defendants, having first filed their answers, appealed.
1Opinion of the CourtTuck, J.
An injunction was granted by the Circuit court of Baltimore county, ¡sitting in equity, restraining the appellants from making a railroad over the lands of the appellees.
The bill states certain acts done and threatened, which, it is charged, will cause irreparable damage; that the defendants were proceeding without any legal authority or license; and that the company had not paid or tendered compensation for the use of the land.
*204We do not perceive how the court eould have refused the injunction in the face of this latter averment in the bill. The clause of the Constitution applicable to the…
2Cases cited1 opinion
- Scaggs v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1856
3Cited by14 opinions
- Widgeon v. Eastern Shore Hospital CenterCourt of Appeals of Maryland · 1984
- New Central Coal Co. v. George's Creek Coal & Iron Co.Court of Appeals of Maryland · 1873
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- American Telephone & Telegraph Co. v. PearceCourt of Appeals of Maryland · 1889
- Walker v. Acting DirectorCourt of Appeals of Maryland · 1979
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