Spencer v. President, Managers & Co.

Robinson, J., delivered the opinion of the Court. The facts in this case shortly stated, are as follows: The Baltimore ancl Delta Railroad Company, now the Maryland Central Railroad Company, in constructing its line of railway, found it necessary to condemn part of the road-bed of the Falls Turnpike Company. The jury of inquisition awarded to the Turnpike Company, sixteen hundred dollars damages, and this amount was awarded according to the inquisition, “with the ¹³⁸ understanding and upon the condition that the said railway company shall erect and maintain upon the land so condemned, and between the track or bed of said railway company and the travelled portion on said turnpike road, except at the crossings, a close board fence, not less than eight feet high, as long as the turnpike road shall be used by said railway’company.” Having in the fall of 1881, finished part of its road, the railroad company paid to the turnpike company, the appellee, the sixteen' hundred dollars awarded by the jury of inquisition as damages, and began to operate its road between Baltimore City and Towson. The fence, however, it neglected, and in fact refused to -put up.

Thereupon the turnpike company filed its. bill in the Circuit Court of Baltimore City, praying that the railroad company be enjoined from using the land of the turnpike company, until it shall have erected the fence as required by the inquisition. The case was submitted on bill, answer and proof, and on the 16th February, 1884, the Court ordered and decreed, that the writ of injunction issue as prayed, unless the railroad company, should, within sixty days from the date of the order, “erect the fence mentioned and described in the inquisition.” And thus the matter