The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-07-14
la w INTELLIGENCE,

INJUNCTION GRANTED AGAINST THE
CITY RAIL WAY-OPLNION OF JUDGE
KREBS.
In the City Circuit Court yesterday, Judge Krebs
gave his opinion the bill of complaint of certain
property holders on Baltimore street, and ordered
an injunction to issue against the owners of the
Railway grant, the contractors and their en-
ployees.
The parties to the bill are Noah Walker, Hamil-
ton Easter, Samuel Shoemaker, Augusta C. Shoe
maker, his wife, and Hugh l.. Bond, Trustee; r.
Snowden. Andrews, Henrietta r. Glenn, William
W. Glenn and John Glenn, Jr., Executors of the
last will and testament of John Glenn deceased
Henrietta X. Glenn, William w. Glenn and John
Glenn, Jr, lin their several rfghts) Thomas
Mackenzie, Frederick Fickey, Jr, and Robt Camp
BELL Senior, who aver that they are seized or Dos
sessed of or engaged or interested in the use and
occupation of real estate on Baltimore street be-
ween Jones' Falls and Eutaw street. valued at the
lowest estimate at $500 ,000 and they ask that an
injunction may issue to restrain the grantees and
Others from laying down a double railway track on
Baltimore street, between Gay and Eutaw streets
The following is copy of Judge Krebs' order for
Injunction
WALKER AND OTHERS CIRCUIT COURT
Us. FOR BALTIMORE CITY.
TRAvERs AND OTHERS. July Term. 1859.
Upon the case made by the bill filed in these pro-
ceedings,l am of opinion that the complainants
entitled to an INJUNCTION restraining the parties
from laying more than single track of the Passen
ger Railway between North and Sharp streets On.
baltimore street They allege that the laying the
road in the streets of the city, under the provisions
of the ordinance referred to, is and must be public
nuisance, inasmuch the charter Of the CITY give
the Mayor and City Council power to authorize
such a work to be constructed or such use made of
the public streets, and inasmuch the work in its
nature is public nuisance, being obstruction
of the public streets and highways of the CITY. and
an interference with their lawful and common use.
But although for these reasons the companants
may be entitled to relief by way of injunction, it
can ONLY be, because they will sustain as they al
lege special damage from the construction and use
of the work along Baltimore street in the neigh
borhood of the property which they aver that they
own there. As that property lies within certain
limits which the bill defines they only be enti-
tied, In my opinion, to injunction restraining
the construction and use Of the within
these limits, and such as are sufficiently
proximate to make their occupation and use
for the purposes OF the hallway, contribute
to the intcton of the nuisance and injury COM
planned OF within the limits specified l think that
the Equity of the Bill requires corresponding re-
straint of all action by the Mayor and City Council
tending to further the establishment of the nuisance
within the same limits; and further that the allie
cations of the Bill, inregard to special damages do
than to restrain the construction and use of a
double track in the particular locality.
1t IS, thereupon, by me, William George Krebs
and the authority of this Court this 18Th da,- NJ
July, 1859, adjudged and ordered that the defend
ants, VIM. Fl. Travers, VIM. $. Browning, Wpl-
De Goey, Robert Cathcart, Joshua B. Sumwat
Lawrence johnson, Conrad S. Grove, Robert +.
Ia ylor, John Ely, Jonathan Brock, - Cathcart
= Beacham, and - Shoemaker, (constitu-
ting the firm of Shoemaker Co.. John W. Dis
ney, Edward F. Sweeting, and Frederick c. Grow
ley and each of them their and each of their agents
servants, superintendents, laborers, contractors
employees and associates whatever, and whomso-
ever and all other persons acting or protesting to
act for, or on account of, or by authority of the
parties above named, or any Of them, or of the
Mayor and City Council of Baltimore, be and are
hereby restrained and enjOineded from building,
constructing, laying down, or attempting to build,
construct or lay down, and from using driving
upon, or transporting passengers over, any double
Railway track whatsoever, Baltimore rect in
the city of Baltimore, between North and Sharp
streets, or any part of said street, between the
said limits, and also from breaking ground upon
or tearing up, in any wise obsructing said Bal
timore street, between the limits aforesaid or any
part thereof, for the purpose of constructing build
ing, or laying any such double Railway track-and
that the Mayor aud City Council of Baltimore be,
and they are hereby enjoined and restrained, from
aiding, abetting or assisting the parties named as
aforesaid, any of them, in doing or attempting
to do the matters and things, any of them which
the said parties by this order are enoined and pro-
hibited from doing, attempting.
And it is further ordered that injunction to the
foregoing effect be issued by the clerk, upon the
filing by the complainants, their behalf of
sufficient bend with surety to be approved by this
Court, or by the clerk thereof, in the penalty of
twenty Thousand dollars $50, ,O0O) with the usual
-nditions, and that the defendants have leave to
move to dissolve the said injunction at any time,
upon five DAYS notice after answer filed.
Signed. WIN. GEORGE KREBs.
The complainants filed bond in the sum of S20-
900 to faithfully prosecute the injunction issued by
the Court. The following the parties to the
bond.
Hamilton Easter, Samuel NJ. Shoemaker, James
H. Easter, r. Snowden Andrews, (by his attorney
in fact Charles Marshall,) Robert Campbell, ST.,
Fred. Fickey, Jr.
Up to six o'clock yesterday evening, the counsel
representing the owners of the grant, had not filed
an answer to the bill.
CoURT OF COMMON PLEAs.-Hon VIM. L. Mar
shall, Judge. No case ready for trial.
UNITED STATES CIRCUIT CoURT.-Hon. William
Fell Giles, Judge. The following occupied yester-
day:
Charles Goodyear and others u.s. John Stellman
and others. An action to recover for an alleged
infringement of patent right for the manufacture
of India rubber goods. On trial. J. II. B. La
trobe, Thomas G. jerks, of New jersey and Mr.
Seward, of New York, for the plaintiffs Charles
Marshall for defendants
SUPERIOR CoURT.-Hon. z. Collins Lee Judge
The following occupied yesterday:
State, use of Adelaide Patton, guardian Of Gour-
ly, &c. US. John Ii. Travers, WIN. S. Browning.
lnquisition for plaintiffs for 81, ,S32.O3.
Almira Foot us. John p. Foot. Decree passed
divorcing complainant a vinculo nstarimonii from de-
fendaut. Warrington fer complainant.
Henry r. Reynolds and Josiah REYNOLDS as. The
Mayor and City Council of Batimore-an action to
recover for breach of contract in building the new
city Jail Schley and Reverdy johnson for plain
tiffs Dulaney, Meredith and Stirling for defend
ants. On trial.