Western Maryland Rail Road v. Owings

Tuck, J., delivered the opinion of this court: An injunction was granted by the Circuit court of Baltimore county, ¡sitting in equity, restraining the appellants from making a railroad over the lands of the appellees. The bill states certain acts done and threatened, which, it is charged, will cause irreparable damage; that the defendants were proceeding without any legal authority or license; and that the company had not paid or tendered compensation for the use of the land. ²⁰⁴ We do not perceive how the court eould have refused the injunction in the face of this latter averment in the bill. The clause of the Constitution applicable to the point (Art. 3, sec. 46) is too plain to admit of any doubt: The nature of the damage complained of, whether irreparable or not, has nothing to do with the question, when thus presented. If the acts are productive of such effects as would otherwise entitle a party to relief, he cannot prevent them, if the company is- authorized by the charter to condemn the property, and, for the same reason, the license of the owner is not necessary.

Supposing that the Act of incorporation does give this power — but, as the charter is not before us, we cannot speak judicially — the company had no right, to proceed without complying with the requirement of the Constitution, unless there was something to relieve it from the obligation thereby imposed. It is claimed in argument that the Act of 1858, ch. 420, had such effect, which is denied by the appellees, but it is not