Evening star., 1869-08-11
Tue RAILROAD WARM MARYLAND.

The recent decision of Judge Magruder, a.
Upper Marlboro. Prince Georges county,
Nd. In suit brought before him ia reference
20 condemnation of land tor the Baltimore
AID Potomac Railroad which decision was
referred TO In the STAB few DAYS since is at.
tracing general attention, and elIciung much
unfayOrable comment in the newspapers, not
only IN Maryland but throughout the country
The Baltimore and Potomac Railroad Com-
Iany proposed TO build n railroad between
Baltimore and this city, with a branch to
Marlboro, without calling upon the peopls
along the route for any pecuniary aid. As
the work when completed would have been of
great advantage to them by attracting pop 1Ia-
ton, afiOrdInz cheaper Transportation for tn air
products. and necessarily increasing the value
If their lands, their good will at least was
counted on, and Il was not supposed they
would be so foolish as to throw obstacles in the
way Of the undertaking. Some OF them,
however. thinking the road will be built any
how seem determined TO make all they can In
the way OF damages. and as the company is
disposed 10 resist these attempts, the malcon-
tents are delaying the progress OF the work
with lawsuits and iDjunctions. Several of
these cases were brought before Judge Ma
gruder, and IN one of them. hich was
garded as 8 test case, he made the extraordinary
decision we refer 10. IL laying down rules as
guide for estimating the damages TO which
ISnd owners are entitled he hJlds that awards
are TO be given not only for damages which
may he subject TO actual ascertainment, but
tor those that are contingent and dependent al
together upon events in the future which can
EOt be foreseen. Thus an allowance is to be
Insde not merely for the actual value OF the
land taken at the time of the assessment from
whateyer cause resulting" and :" for the ex-
Pense Of erecting such fencing as rs rendered
necessary by The construction of the road
which one would suppose was going far
enough, but the Judge holds that the land
owner must be allow =. an amount sufficient
tOr the expense OF xeepIng the fence In repair
and maintaining and keeping up the
same IN perpetuity, which would be a
sum Of money the interest on which
would be sufficient to keep up and main-
tsIn The nee ia good order and repair"
But even after provision is made for main tain
tEg the fences .'in perpetuity,' the company
- snH 20 be assessed for the actual injury or
damage resulting TO the owner by the passage
OF the read through his lands, such a. passing
over well or through buildings, yards. gar
dens, Orchards %c- or destroying spring or
well by the excavations; cutting fields In
two. inconvrnienCe OF crossing the road from
one Id 10 another; causing lands TO wash by
cutting through embankment>: danger to stock
II the necessary crossing OF the road; danger
10 buildings or manufaCtoriss, or hay or straw
SC from proximity 10 the road and passing
trains, and other similar damages" but aot one
word Is said CT assessing the benefits. s.fron
hateyer cause TesulIIng,' which my In a
few years double or treble the value OF the
land The company will probably carry this
decision 20 the Court OF Appeals, and II AZ is
sustained II will De istal TO many OF the pro-
posed railroad extensions in Maryland which
started with a fair chance Of success