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BALTIMORE v. BALTIMORE TRUST COMPANY

No. 209.

166 U.S. 673 (1897)

17 S.Ct. 696

41 L.Ed. 1160

BALTIMORE, v. BALTIMORE TRUST AND GUARANTEE COMPANY.

Supreme Court of United States.

Decided April 26, 1897.

Attorney(s) appearing for the Case

Mr. Thomas G. Hayes for appellant. Mr. Thomas Ireland Elliott was on his brief.

Mr. Francis K. Carey and Mr. E.J.D. Cross for appellee. Mr. John N. Steele and Mr. John E. Semmes were on their brief.

MR. JUSTICE PECKHAM, after stating the facts, delivered the opinion of the court.

The discussion on the argument of this case took quite a wide range, but in the view we take, we can dispose of this appeal without deciding whether the common council had or had not the power to make a contract for the perpetual use of its streets by the railroad company, upon the terms and conditions which might be agreed upon between the common council and the railroad company, and...

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