Mayor of Baltimore v. Cowen

Citations

• 88 Md. 447
• 41 A. 900
• 1898 Md. LEXIS 214

Syllabus

<p>Construction by Municipality of Street or Sewer across Railway Tracks— Compensation for Necessary Stmctural Changes — Maintenance of Guards and Gates at Railway Crossings— Consequential Damages from Change of Grade of Streets.</p> <p>When a street or a sewer is made by a municipal corporation across the tracks of a railway company the cost of making such structural changes in the road-bed as are necessary in order to protect and preserve the tracks for their former use, must be borne by the municipality.</p> <p>When a street is opened across the tracks of a railway company under condemnation proceedings by a municipality, the effect of the judgment is not to give the exclusive use of</p> <p>the land to the city, but only a right of way subject to the right of way of the railway company.</p> <p>Cattle guards, crossing gates, the maintenance of flagmen, ringing of bells and other things ordinarily required at railway crossings in populous communities are matters within the police power, and when the duty to construct them has been imposed upon the railway company by statute, no compensation therefor can be recovered.</p> <p>A railway company had acquired a valid right of way for its tracks by adverse user at a certain point, when a street was opened across the tracks under a municipal ordinance. The condemnation proceedings opened the street subject to the right of way of the railway. Afterwards the city constructed a sewer along the street and under the tracks, and the railway company found it necessary to strengthen the side walls of the sewer, raise the tracks and put in iron girders. Held:</p> <p>i. That the municipality is chargeable with the cost of these alterations.</p> <p>2. That the damage to the railway company was not a consequential damage arising from a change in the grade of the street, since the company was not occupying under license a street already opened but the construction of the sewer invaded the actual property rights of the company.</p> <p>