Roman v. Strauss

Tuck, L, delivered the opinion of this court. This appeal is taken from air order of Baltimore city circuit court, granting an injunction on the bill of the appellees, and the propriety of that order is to be determined by the bill alone, without reference to the answer of the appellants, subsequently filed. Wagner vs. Cohen, 6 Gill, 97 . The bill alleges that the complainants are the owners of a lot on the north-west corner of Nicholson and Towson streets, Locust Point, in the city of Baltimore, fronting on Nicholson street, and running back for the depth of ninety feet, to an alley fifteen feet wide, from Towson street to Cooksie street; that they are entitled to a right of way over, and to the use of, the alley; that the defendants, now appellants, claim title to the adjoining property on the west, by conveyances from Eliicott, under whom the complainants also claim, which refer to and reserve all the rights of the appellees, by virtue of their deed; that the whole of the property is situated near the water;, that Nicholson and Cooksie streets, which bind on the appellees’ property, are interlaid with rail road tracks, and rendered almost impassable for drays and waggons, so that the only reasonable and convenient access to their property for drays and wagons, is through the said alley by way of Cooksie street; and that the property is used for purposes of business, and as: such is of great value to them, provided they are left in the free enjoyment of the easement or alley.

The bill then charges that the defendants, through their agents, in violation of the' rights of the complaints, and to their irreparable injury, are causing a rail way or rail road track to be laid directly across the alley, and nearly adjoining the property of the complainants; that thereby they will be prevented from enjoying their easement, and will be subjected to daily irremediable damage; that except through the alley, there is no reasonably convenient access to their property, and that blocking up or impeding the: ⁹⁷ same, by said track and by the uses thereof, will almost destroy the value of (heir property; and they pray that these grievances may be prevented by an injunction. We do not perceive how the court below could have refused the injunction. The case made by the bill is embraced by the principles established in Amelung vs. Seekamp, 9 G. & J., 468 , and White vs. Flannigain, 1 Md. Rep., 525 . The latter decided that a party