Legal Opinion

Riden v. Philadelphia, Baltimore & Washington R. R.

Court of Appeals of Maryland

Decided December 14, 1943No. [No. 28, October Term, 1943.]PublishedCited by 41 opinions

1Opinion of the CourtDelaplaine, J.

This suit for injunction was brought by Frank A. Riden, appellant, to restrain the Philadelphia, Baltimore & Washington Railroad Company from condemning a portion of his land in Prince George’s County for a branch line to Bowie Race Track. The railroad company filed a demurrer to the bill of complaint. From a decree sustaining the demurrer and dismissing the bill, this appeal was taken.

It is a fundamental principle of constitutional law that the power of eminent domain is a prerogative of sovereignty and does not require the sanction of the Constitution for its existence in the State. Moale…

2Cases cited36 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Shoemaker v. United StatesSupreme Court of the United States · 1893
  3. Wilkinson v. LelandSupreme Court of the United States · 1829
  4. United States v. JonesSupreme Court of the United States · 1883
  5. Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908

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3Cited by41 opinions

  1. Mayor and Council of Rockville v. Rylyns Enterprises, Inc.Court of Appeals of Maryland · 2002
  2. Herzinger v. Mayor of BaltimoreCourt of Appeals of Maryland · 2001
  3. Johnson v. Consolidated Gas, Electric Light & Power Co.Court of Appeals of Maryland · 1947
  4. Perellis v. Mayor of BaltimoreCourt of Appeals of Maryland · 1948
  5. Master Royalties Corp. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1964

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