Legal Opinion

Hodges v. Baltimore Union Passenger Railway Co.

Court of Appeals of Maryland

Decided July 13, 1882PublishedCited by 25 opinions

Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by nineteen owners of property fronting or abutting or Park avenue, between Franklin and Madison streets, to enjoin the laying down of railway tracks by the respondent corporation and the other three respondents, who are respectively its president, superintendent and contractor.

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Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by nineteen owners of property fronting or abutting or Park avenue, between Franklin and Madison streets, to enjoin the laying down of railway tracks by the respondent corporation and the other three respondents, who are respectively its president, superintendent and contractor. The Court, upon the filing of the bill, laid a rule upon the respondents, requiring them to show cause why a preliminary injunction should not issue as prayed ; the respondents having all answered by the day named in the order, the…

1Opinion of the CourtRobinson, J.

This is an application on the part of certain lot owners on Park avenue, to restrain the appellees from laying down tracks for a horse-railway on the bed of said street.

In support of its right to construct the railway in question, the defendant corporation relies, 1st. On Ordinance No. 150, of the Mayor and City Council of Baltimore, authorizing certain parties and their assigns, to build a horse railway on certain streets named in the Ordinance, upon terms and conditions therein prescribed.

2dly. Its charter under the general railroad law to build a street railway, between certain termini in…

2Cases cited4 opinions

  1. Elliott v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1860
  2. Bissell v. BeckwithSupreme Court of Connecticut · 1865
  3. West v. BancroftSupreme Court of Vermont · 1859
  4. Oler v. Baltimore & Randallstown RailroadCourt of Appeals of Maryland · 1875

3Cited by25 opinions

  1. Williams v. Mayor of BaltimoreSupreme Court of the United States · 1933
  2. Chevy Chase Land Co. v. United StatesCourt of Appeals of Maryland · 1999
  3. Lincoln Street Railway Co. v. City of LincolnNebraska Supreme Court · 1901
  4. Burke v. Fidelity Trust CompanyCourt of Appeals of Maryland · 1953
  5. Green v. City & Suburban Railway Co.Court of Appeals of Maryland · 1894

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