Baltimore & Ohio Railroad v. Silbereisen

Citations

• 121 Md. 407

Syllabus

<p>injunction: order restraining the complainant pending the final proceedings; Code, Article 16, section 199 ; Court to retain jurisdiction pending trial of issues as to legal titlej protection of railroad travel. Trespass q. c. f.: railroad emba.nk?nents; encroachments of — . Ejectment: title of plaintiff.</p> <p>One who owned land adjacent to and bordering along a railroad embankment filed a bill, alleging that the railroad was encroaching upon his land by extending the embankment and by placing dirt, or letting it fall and extend beyond the railroad’s lines, and prayed for an injunction to restrain the railroad from such acts; pending the injunction proceedings, the complainant began to cut away part of the embankment that he claimed encroached upon his land. The railroad filed a petition alleging that such cutting away of the embankment weakened the structure and disturbed the stability of the ties and rails, and endangered the lives of the traveling public, and prayed for an order restraining the complainant from interfering with the embankment until the final hearing, ^nd further prayed that in the meanwhile it might be given leave to make and maintain the embankment in a safe condition for the traveling public and for other relief; at the final hearing, the injunctions and the petition were dismissed without prejudice to any proceedings at law either party might be advised to .take. On an appeal by the railroad from the order dissolving the injunction and dismissing the petition, the cause was remanded, (as it was impossible for the Court of Appeals, from the record, to determine the true location of the parties’ lines) without affirming or reversing the order appealed from, the Court below to continue the injunction, with the relief prayed by the railroad and to provide for further proceedings at law to have the title determined within a day to be named in its order. p. 420</p> <p>An action of trespass quare clausum fregit will, lie to determine questions o