Baltimore & Ohio Railroad v. Gilmor

Citations

• 125 Md. 610

Syllabus

<p>tlquity: pleading; injunctions; allegations in bill; mere allegation'of irreperable injury, not sufficient. Appeals: Article 5, section 31 of Code; orders granting injunctions.</p> <p>The mere allegation of a complainant, in a bill for an injunction, that irreparable damage or mischief will ensue, is not sufficient. p. 617</p> <p>To satisfy the conscience of the Court, the facts must be stated, to show that the apprehension of injury is well founded.</p> <p>p. 617</p> <p>The obstruction of a highway is a common nuisance, and being a wrong of a public nature, the remedy is by indictment, and not by injunction, at the suit of private individuals, unless they have suffered from it some special and particular damages, different, not merely in degree, but in kind, from that experienced by other citizens. p. 617</p> <p>The ground upon, which equity interposes by injunction, to prevent the destruction of a street or highway, is the irreparable injury to the complainant. p. 618</p> <p>An allegation that the complainants apprehend an injury to their business, and that they will be compelled to take a circuitous route in driving to different parts of a town, is insufficient. p. 618</p> <p>Section 31 of Article 5 of the Code, relating to appeals from orders refusing to grant an injunction, has no relation to appeals from orders granting injunctions. p. 618</p>