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STATE OF MARYLAND v. BALTIMORE & OHIO RAILROAD CO.

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44 U.S. 534 (1845)

3 How. 534

11 L.Ed. 714

THE STATE OF MARYLAND, FOR THE USE OF WASHINGTON COUNTY, PLAINTIFF IN ERROR, v. THE BALTIMORE AND OHIO RAILROAD COMPANY, DEFENDANTS.

Supreme Court of United States.

March 3, 1845.

Attorney(s) appearing for the Case

Jervis Spencer and Sergeant for the plaintiff in error.

Nelson (attorney-general) and Johnson for defendants.

Nelson, attorney-general, for defendants in error.

Sergeant, for plaintiff in error.

Mr. Chief Justice TANEY delivered the opinion of the court.

The question brought before the court by this writ of error depends upon the construction and effect of an act of the General Assembly of Maryland, passed at December session, 1835, entitled "An act for the promotion of internal improvement."

The original charter of the Baltimore and Ohio Railroad Company authorized it to construct a railroad from Baltimore...

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