Towers v. United Railways & Electric Co.

Citations

• 126 Md. 478

Syllabus

<p>Public Service Commission-, powers of—. Railways: discretion, of directors in managem&nt of—. Extension of lines to new territory.</p> <p>Where the charter of a railroad corporation simply authorizes the corporation to construct and maintain a railroad to a •certain point, without requiring it to do so, the railroad company can not be compelled to complete and maintain its road to that point if it would not be remunerative. p. 487</p> <p>The Public Service Commission can exercise only such powers as the law has conferred upon it. p. 495</p> <p>If an order complained of is not within the scope and authority conferred by law upon the commission, it is unlawful, and it is the duty of the courts, when appealed to, to restrain its enforcement. p. 495</p> <p>The construction, equipment and extension of railroad lines beyond the points where their charters compel them to construct and maintain lines, are matters to be determined by the directors of the company. p. 496</p> <p>As to. such matters, the Legislature did not intend that the judgment and discretion of the directors, honestly exercised, should be controlled or ignored by the commission or by the courts. p. 496</p> <p>The United Railways, as -.the successor of the Baltimore, Gardenville and Bel Air Railroad Company, is under no obligation to extend its road from Overlea to the Little Gunpowder River. • p. 496</p>