Hooper v. Baltimore City Passenger Railway Co.

Citations

• 85 Md. 509
• 38 L.R.A. 509
• 37 A. 359
• 1897 Md. LEXIS 74

Syllabus

<p>Street Railways — Municipal Corporations — Legislative Grant of Right to Use Electric Trolley System by a Railway Company Without Consent of the Mmvicipal Authorities.</p> <p>The Act of 1890, chap. 271, authorized the appellee, a street railway company, to use upon any of its tracks in Baltimore City any motive power or means of traction which any other street railway company should be authorized to use. Subsequently, several other street railway companies were authorized to use and did use the electric trolley system. The Act of 1890, chap. 370, gave to the municipal authorities of said city power to regulate the use of the streets by railway and other companies, and also power to require electric wires to be placed under ground. Held,</p> <p>1st. That the appellee was entitled to use electricity upon any of its lines under the legislative grant, and that this right could not be destroyed by the refusal of the Mayor to issue a permit for the erection of trolley poles.</p> <p>2nd. That the appellee was authorized to use the trolley system, with overhead wires and poles, which are the distinctive features of that system, without the consent of the municipal authorities.</p> <p>3rd. That the effect of the Act of 1890, ch. 370, was not involved in this case, since the municipality has not yet required all wires to be placed under ground.</p>