Ches. Etc. R.R. Co. v. Richfield

In 1940, Richfield Oil Corporation of New York, a body corporate of the State of Delaware, alleged that it had lawfully proceeded to lay a pipe line on its tract of land in Baltimore under the tracks of the Chesapeake Curtis Bay Railroad Company, but was obstructed by workmen of that company and the Western Maryland Railway Company, and thereupon prayed that the defendants be enjoined from preventing it from crossing or recrossing over, or placing its pipe lines across and under the railroad rights of way. The chancellor, after hearing the case, dismissed the bill of complaint; but on June 10, 1941, his decree was reversed by the Court of Appeals. It was held by this court that since the complainant owns the land, subject to the rights of way for railroad purposes, it has the right to cross and recross over, or to place its pipe lines across or under, the rights of way as long as such acts are performed in such manner and at such times as not to interfere with or interrupt the reasonable and proper use of the rights of way for railroad purposes. Richfield Oil Corporation of New York v. Chesapeake Curtis Bay R. Go., 179 Md. 560 , 20 A.2d 581 . *Page 194 In accordance with the mandate, the chancellor signed a decree on July 15, 1941, permanently enjoining the defendants, their agents and servants, from "interfering with, obstrucing or molesting Richfield Oil Corporation of New York, its agents and servants, in crossing or recrossing over, or in placing its pipe lines, connections, or other equipment necessary and proper to the operation and enjoyment of its property across and under the rights of way of defendant, the Chesapeake Curtis Bay Railroad Company, located on said property of Richfield Oil Corporation of New York; provided, however, that the same be performed by Richfield Oil Corporation of New York, its agents and servants, in such manner and at such times as not to interfere with or interrupt the reasonable and proper use by the defendants of said rights of way for railroad purposes." The Constitution of Maryland, Art. 4, § 15, provides that the judgments of the Court of Appeals shall be final and conclusive.

Therefore, the decision of this court in any cause is binding upon the lower court and cannot be disregarded. Likewise, any decree which conforms with the opinion and mandate of the Court of Appeals is binding in subsequent proceedings in the same cause. No litigant can be allowed to prosecute different and successive appeals on the same state of the record, except in case of new proceedings since the last appeal and then only in respect to questions raised by the new proceedings. But if an order of the lower court departs from the mandate, either by allowing more or less than contained in its terms, the the order is illegal and subject to review by this court.

Schapiro v. Baltimore Trust Co., 143 Md. 50 , 121 A. 849 ; Chayt v. Board of Zoning Appeals, 178 Md. 400 , 13 A.2d 614 . The defendants are now complaining that the final decree does not conform to the pleadings and the proof. They claim that the issue at the trial of the case was only whether the complainant had the right *Page 195 to lay the pipe line at the proposed place near Northbridge Avenue, and that no question of title was involved, except