Phipps v. Western Maryland Railroad
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. This case arises upon a bill filed by the appellants for an injunction to restrain the appellees, the one from maintaining and the other from using certain railway tracks, laid partly on the sidewalk and partly on the carriage way in the bed of the street in front of the complainants’ property. The hill was dismissed by the Court below, (Brown, C. J.,) and the complainants appealed.
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Appeal from the Circuit Court of Baltimore City. This case arises upon a bill filed by the appellants for an injunction to restrain the appellees, the one from maintaining and the other from using certain railway tracks, laid partly on the sidewalk and partly on the carriage way in the bed of the street in front of the complainants’ property. The hill was dismissed by the Court below, (Brown, C. J.,) and the complainants appealed. The case is stated in the opinion of the Court.
1Opinion of the CourtBryan, J.
The Act of 1882, chapter 196, incorporated The Western Maryland Railroad Terminal Company. By the sixth section of the Act, certain powers are conferred' on the corporation which are described in these words: “ to provide ample yards and depot, and other terminal facilities for the business of the Western Maryland Railroad Company, and the erection of the necessary structures thereon, and the laying of rails thereon, and the connection of the same with all tracks in use by the said railroad company.” Under an inquisition authorized by the seventh section of the Act, a certain lot of ground in…
2Cases cited1 opinion
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
3Cited by10 opinions
- Chesapeake & Potomac Telephone Co. v. MackenzieCourt of Appeals of Maryland · 1891
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
- Peck v. Baltimore CountyCourt of Appeals of Maryland · 1979
- Baltimore County Water & Electric Co. v. DubreuilCourt of Appeals of Maryland · 1907
- White v. . R. R.Supreme Court of North Carolina · 1893
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