The Northern Central Railway Company v. Mayor and City Council of Baltimore
21 Md 93
CASE SUMMARY
PROCEDURAL POSTURE: Appellant railroad company sought review of an order from the Circuit Court of Baltimore City (Maryland), which overruled its motion to dissolve an
injunction that prevented it from constructing, grading, or laying a branch railroad or from altering the grade of any of city streets, except with the consent and under the supervision of
appellees, the mayor and the city council.
OVERVIEW: The railroad company was authorized by 1853 Md. Laws 191 to construct a lateral branch railroad that would pass through the city. The grant contained a proviso
that the assent of the mayor and city council had to be obtained before any part of the branch railroad could be constructed within the limits of the city. By an ordinance, the city granted
its consent subject to the city's right to regulate speed within the city, to the city's right to establish the grades of all the streets through which the road would pass, and to the city's right to
supervise the construction. The mayor and city council brought an action to enjoin the railroad company from constructing its railroad without the consent of the mayor and the city
council
and not under its supervision. The trial court granted an injunction and overruled a motion to dissolve it. The court affirmed the order, holding that because the legislature gave the city the
power to assent to the construction of the railroad track through the city, the city could lawfully impose the conditions upon which their assent was given. The court held that the
provisions
of the ordinance were valid and binding upon the railroad company.
OUTCOME: The court affirmed the order.
Appellate Court Records:
COURT OF APPEALS (Docket) The
Northern Central Railway Company v. Mayor and City Council of Baltimore, 1863, December Term no. 201, p. 152 [MSA S412-8,
1/66/14/39].
COURT OF APPEALS (Opinions) The
Northern Central Railway Company v. Mayor and City Council of Baltimore, 1863, December Term no. 201 [MSA S393-19,
1/65/12/61].
COURT OF APPEALS (Briefs) The Northern
Central Railway Company v. Mayor and City Council of Baltimore, 1863, December Term no. 201 [MSA S375-35, 01/64/12/6].
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT
(Equity Docket A) Mayor and City Council of Baltimore v. Northern Central Railway Co., 1857, p. 262 [MSA T55-2, 3/3/12/30].
BALTIMORE CITY CIRCUIT COURT
(Equity Docket A) Mayor and City Council of Baltimore v. Northern Central Railway Co., 1857, box no. 483 [MSA T53-518,
3/12/4/39].
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