Frostburg Mining Co. v. Cumberland & Pennsylvania Railroad
Court of Appeals of Maryland
Appeal from an order of the Circuit Court for Allegany County (Boyd, C. J., Stake and Hoffman, JJ.), refusing to grant the injunction asked for in the bill of complaint filed by the appellant.
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Appeal from an order of the Circuit Court for Allegany County (Boyd, C. J., Stake and Hoffman, JJ.), refusing to grant the injunction asked for in the bill of complaint filed by the appellant. The prayer of the bill was for an injunction prohibiting the defendant from further refusing to permit the plaintiff to put in and complete a switch connection between its railroad and the railroad of the defendant at the point selected by the plaintiff, and enjoining the defendant from thereafter refusing to furnish cars and transportation to the plaintiff for its coal over the defendant’s road. The…
1Opinion of the CourtRobinson, C. J.
The question in this appeal is whether the appellant, a coal mining company, has the right to make connection by means of a switch with the appellee’s railroad, which runs by or near the property of the appellant.
The appellee was chartered by Act of 1849, chapt. 469, with power to build a railroad from Cumberland to the Pennsylvania line. By sect. 21 of its charter, privilege to make connection with the appellee’s road was reserved to any corporation which might “ be hereafter incorporated,” provided that in making such connection no injury “shall be done to the works of the company.” This…
2Cited by16 opinions
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- Lumpkin v. LumpkinCourt of Appeals of Maryland · 1908
- In re Application of the Bank of CommerceIndiana Supreme Court · 1899
- Board of County School Commissioners v. HenkelCourt of Appeals of Maryland · 1912
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