| Washington & Baltimore Turnpike Road v. B&O Rail Road Co., 10 G & J 392 (1839)
Appeal from Baltimore County Court
OVERVIEW: The corporate owner of the turnpike road alleged that the construction of a railroad upon the turnpike constituted a trespass. The trial court ruled in favor of the railroad company. On appeal, the court affirmed. The court accepted the railroad company's argument that the terms of the turnpike company's charter did not restrict the legislature in the exercise of eminent domain or vest in the corporate owner the exclusive right to use the road as claimed. The court held that the plain meaning of the terms of the charter allowed for construction of the railroad, and the terms had no peculiar or legal meaning.
Appellate court materials -
COURT OF APPEALS (Docket, Western Shore) Washington & Baltimore Turnpike Road v. B&O Rail Road Co., 1839, December Term, case no. 106, MdHR 622 [MSA 414-14, 1/66/14/32]
COURT OF APPEALS (Judgments, Western Shore) Washington & Baltimore Turnpike Road v. B&O Rail Road Co., 1839, December Term, case no. 106, MdHR 683-491 [MSA S382-188, 1/63/7/41]
Trial Court Records:
BA Court, September Term, 1839? Unable to locate, use judgments instead. Searched MSA CE19, no records found.
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