Public Service Commission v. Philadelphia, Baltimore & Washington Railroad

Citations

• 122 Md. 438

Syllabus

<p>Railroads: ce-ssor and abandonment. Public Service Gom?nission: power of — .</p> <p>No power is conferred upon the Public Service Commission to order a railroad to rebuild and operate a branch railroad connection, that had been abandoned by the railroad companies to which it had succeeded, long before the passage of the Act creating the Public Service Commission. p. 444</p> <p>A cessor of a use, coupled with any act clearly indicative of an intention to abandon the right, has the same effect as an express release of the easement, without any reference to time. p. 443</p> <p>Abandonment is a relinquishment or surrender of a right by one person to another, and includes both the intention to abandon and the external act by which the intention is carried into effect. p. 443</p>