The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1867-05-25
LOCAL MATTERS.

tits close which abuis upon the turnpike, by NJ
iering the grade OF the turnpike, laying rails
thereon, aud running passenger care, moved by
horsepower
The plaintiff dcmurrcl 10 the las, two IDEAS
which justified the acts done, by virtue Of an
act Of the General Assembly o. Maryland pass-
cd Of january session. lsG0 chap 81 which
incorporated the defendant aud authorised the
grading o. the Turnpike the laying Of rails, aud
the running Of cars, with the assault Of the
turnpike company which was obtained
Two questions are involved In this demurrer
/. Can the plaintiff sue in ,respass Has he
such an interest In the soil over which the turn
| pike runs rs viii authorize him to SUE in this
! form Of action
=. Ia the defendant liable for damage done
under the authority Of the Legislature and with
the LICENSE Of the turnpike company? Had the
| Legislature aud the turnpike company the right
TO grant such authority aud license
Firsi-as To the right Of the plaintiff 10 SUE ia
,respass. Has he such an interest ia the bed o.
the Turnpike "a will justify a suit in ,rcsrass
The right Of the owners Of land on the high
ways 10 the soil OF the highway was fully con-
sdcred IL iho case Of The Marquis Of Salisbury
". Tho Great Northern Rail Road Company =
Com. Bench, y s 49, and the Court in that
case say that the soil Of public highway is
! presumably vested in the owner nf tho adjacent
| land al MEDIUM yf'nu rie
In !. Exeq Rep, 5e1, Ransden ys.The Man
chester, South Junction and Atlantic Railway. i,
IL decided tina; n railway company has no RICH;
20 tunnel even under highway without making
rFovioui compensation 10 ;he Land owner.
/ Ca page so, Vol 3. kents Commcniarics,
tmarg. i33 the author javs The presumption
Is that the owress Of tie land on each side 90 tu
the centre 81 the road aud they have tie eXcln-
sye right o. sale, subject To- the right If passage
in she public. Tho freehold aud
profits belong 70 the owncrs u adjoining land
! hfssits 4
have every aud remedy that Is consistent iiIi
the scrviude OF easement Of way over II, auj
with police regulations. The established .a!c,-
cucc Of Law Is that conveyance Of hul bound
ell on the public highway carries with il the Zee
To the centre of the road. ~ part and parcel "
the grant, ard on page j,j. lmarg 49, !, the
soil under the highway passes by deed Of the l.
joining land, it passes rs parcel Of the land aud
not rs an appurtcuani Ia the note fl l,agc
90 il Is said THE statute Of New York al
lowing the owners Of land adjoining highways 70
plant trees an the sides Of the road. aud 10 bring
actions of lrcs!ass for niufins then, assumes
and allirms tic principle Of ;be common law o..
relation 20 such rights.
Ia vol "a Siai,hs Leading Cases. Tag, .l3
(maFg. 1870. ncvasiun W. Payne, where tie Gas.
are collected and referred 'o-csjeclally on ,.,-,
- and onuard--ih, same doctrine Is malu,li'..
81.
The presumption that the ownv.s o. land .th;-
ting On - turnpikc have tn f,v ~ ri-.iam .t,an.
IA seems Dc fully established both hy tn, En-.
glish aud American authorities, and :; Is :Le
same whether the easement Va created by t,!i.
cation or condemnation.
There arc no decisions 10 this State iuron1is,, %;
with this view. On the contrary. in the cast %.
Dolgi..s "a. The liocnshOro Turnpike Road Co.,
~ Vel Nj. Rep, 2lY.l the counsel IN The AZ
gnmcnt OF tie case, and lie Cogf: ia ihc.; !gci-
sion assume that the fec % the bed u the turn.
pike was in the adjoining owner, aud the ease OF
Wright vs. Carter. ) catcher y. J Rep. -.
Is referred 10, where the Court say BY IL.
transfer % the road from The public 10 - voi ori-
ton H. title to iac soil u not changed but ic-
mains IN the owners ~ the soil O: ;hc Adipinia !,
lands. 81
.. Whether the legislature has iac i.ht 90 aH
lhori1e tie appropriation % highway OF turn
.ke. with ;hc assc=; ~ TIC iurrpiSe rompany -
lie use az galway, wI;'loG; compensation 'o
iA- 0wnets Ut me soil On the linp 81 tbs goal g..
u new question in Maryland 30 case directly
involving this io;u; las been icc.:. % an. OF
our Coats. So q; rs ar. informed
Ia tic other States AIi ~ Eucaut .i.c rgs
ar, ugnerols bs; -" decisions have i--.;i T.. 81.
means 9niforia. The earlier cages f.rofSi :ty
RIGHT 9, the owners OF adjacent land &. omycn.
| s1;on. Aucr Tine, the tJr-ts srerIeI % csNlc,
theiF ground aul were dispoat - cacourav.
tho building -! railroads, aul g. consider ;hrm
as coming within the legitimate pgIiose ~ 3,
lisNNHf. tlsfc arr nintk ftsfs - ftfs effect
both IN this country aud ir England IN .n'so
OF II, cgsss. distinctions have hrl', shade between
highways ia the country and streets III r.,e, -
!il; the tide has turned and ihr current iov
runs IN favor " the Figh; o; conpensa;au
The question depends % the identity ~ ~,
purpose. i the appropriation ~ the ted u q
highway 20 ;hc use ~ a RAILWAY an additional.
seTv.;uic nr is it bg, another node e inter-
communication, coming fairly within the tsis.
aal purpose Of the highway
The gasc ~ Kane ~ III, Mayor add r.'y
Counci, q Baltimore tnd - Ma. Rel page -
clearly establishes 'h1, ihe 'akiug must hy &! "A
! pHjic 49,, anl must BE- confined 20 ;h- .y.-4si
~. for which il Was taken. leaving the i-oycr,:
| In the owner for al other uses not iucnn.i tent
with the spee.fei a'e. and not interfering inj..-
ously Herewith if the segyItgic be not IL, si,ae
the Legislature canine, subject the he'd Ola h. .h-
way 10 the use Of a railroad, without oomlsi ~.
ton 10 the owners OF tie soil on the highway --
| Such an &C; would he inconsisien; with the Con-
siiu;iona! pFoys sion which forbids the General
Assembly 10 enact any Law authorizing private
! property 10 b. taken 70: public Ise without us'
compensation Art. .. sec 80 Of the Cons'''-
/ ton
In ,ae case %; Williamson IS. Tie y. y. Cen.
| isal Railway, { 9Th BaTbOnI Rep. 212 follow
ing the t,henl current Of drcisous, II was held
That The Legislature might convert a highway IT,
% a railway wiihogt coUieusaiion- that il ra
only another mode Of INSTRUMENTATION This
case WAS however, reversed hy the Court ~ ~.
lcas O. hat State in iJ'h %ew YorN Count a.
Appeals page o., anl, upon . fuli fcyica of lhg
/ English aul American cts.s. IL was i iCra, ne
hat io'h rpou r-incipc hui ruiho'i'y 'he 1t
oNnrl 5 entitled 20 additional couip 1rnioa 20.
| tn ac" burden upon hi. soil. Tho saint nj,
now prevails IN mast Of the other State
Although hi. identical question WAS not bcfss,
'hc Court Of Appeals, 10 the ease ~ Douglas -.
Tie loon-horo Turnpike Road COMPANY ..l
MI Hci ~. tie JGasc in delivering 'hs
opinion ~ the Court refers % the rasc ~ Craig
ys Ro City AMI Bright u. u Co. g. Bar.
uouF Eep., $685. ns establishing tie doctrine
" that the occupation - highway ty a rail.
toad " canal il permanent aud fyciasire
whereas, in case IL iurnlakss they are regarded
~ i.ablic highways. as every citizen has a Tigh,
10 travel an them IN hi. own mode OF convey
ance, and the imposition " tolls Is a method OF
keeping them In repair, and therefore not within.
the original sperifi ust
The counsel Tor the defendant sought 10 uia se
/ u distinction hetwe.h q passenger railway opera.
ted by horse.powei and railway olciaicd hy
steam, con'endng thu, the latter Is ,sclanss but
that the former is not. Some Of tie cnsss sustain
the distinction, especially In regard 10 passenger
railways streets In cities. Ia regard u which
intend 10 express no opinion. Some recognized
! distinctions generally between highways ia the
country and streets In cities IL WINS urged, In
afgnmcIi, that the mode IN which the rail- are
laid for passenger railway admitted VI free
! travel over the rails, with carriages wagons and
/ otter vchiel-s-ihai the usc OF animals was less
dangerous 20 trasoltrs the road. and css apt n
ffighien horses Sc., AMI therefore. not liable 70
ihe same objections TO which sieam-cars are ---
This u true In degree, but no, principle Thir
distinction nigh; bold good So FAR as the public
Is conccrned-the lrayolctsou the nrnIike--ihoie
| entitled 10 the easelnent Bat rs 10 the owner
OF the soil under the turnpike, (cScept ne one .!
the public entitled 10 travel on the road ioF the
obstruction Of which iTcspass would no, be the
proper action the burden Is ideniieal-ihe use Is
both permanent and syeissirs. In the above cas-.
Of Craig W. Iloch. City and Bright. Il. Il. 60,
which was decided in 1862. and 10 referred 10 BY