State Ex Rel. Washington County v. Baltimore & Ohio Railroad
Supreme Court of the United States
This case was brought up'by writ pf. error, under the 25th section of the Judiciary .Act, from the Court of Appeals for the Western Shore of Maryland.
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This case was brought up'by writ pf. error, under the 25th section of the Judiciary .Act, from the Court of Appeals for the Western Shore of Maryland. The facts were these:— On tire 4th of June, 1836, (Laws of Maryland, l835j chap. 395,) the legislature of Maryland passed an act entitled “An act for the promotion of internal improvement,” by which , subscriptions were directed^ to. be made, on certain terms, to the capital stock of the Chesapeake and Ohio Canal Company, and Baltimore and Ohio Railroad Company, to the amount of $>3,000,000 to each company. The conduct pf the- canal company…
1Opinion of the CourtChief Justice Taney
■The question brought before the court by this writ of error depends upon the construction and effect of an get of the General Assembly of Maryland, passed at December session, 1835, entitled “ An act for the promotion of internal improvement.”
The original' charter.of the Baltimore and Ohio Railroad Company authorized it'to.construct a railroad from Baltimore to some.suitable point an the Ohio river, without prescribing any particular route over ■which the road was to pass; leaving the. whole line to the judgment ■and discretion of the company. But by the act above mentioned the state…
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