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Baltimore Traction Co. v. Baltimore Belt Railroad

Baltimore Traction Company v. Baltimore Belt Railroad Company

Baltimore Traction Co. v. Baltimore Belt R.R., 151 U.S. 137 (1894)
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Court
Supreme Court of the United States
Decided
January 8, 1894
Docket
No. 994
Judges
The Chief Justice:
Citations
151 U.S. 13714 S. Ct. 29438 L. Ed. 1021894 U.S. LEXIS 2041
Syllabus
A public act of tlie State of Maryland providing for the condemnation of land for the use" of a railroad company was held by the Court of Appeals of that State to require notice to the owner of the land proposed to be condemned, when properly construed. Held, that this court had no jurisdiction over a writ of error to a court of that State, when the only error alleged was the -want of such notice, Which, it was charged, invalidated the proceedings as repugnant to the Constitution of the United States.
Summary
ERROR TO THE BALTIMORE CITY COURT. Motion to dismiss. The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

The Chief Justice:

These were proceedings in condemnation, commenced June 15, 1892, in accordance with section 167 of article 23 of the Code of Public General Laws of the State of Maryland, plaintiff in error appearing therein.

It was objected below that that section violated the Fourteenth Amendment of the Constitution of the United States, in that the- owner of land condemned thereunder might be deprived of his property without due process of law because the act did not provide for any notice to him of the proceedings; but it had been previously decided bj^ the Court of Appeals of Maryland that the act, properly construed, required notice.

Baltimore Belt Railway Co.

v. Baltzell, 75 Maryland, 103 .

We are bound to accept this conclusion of the state court as to the proper construction of the statute of the State.

Green v. Neal, 6 Pet. 291 ;

Davie v. Briggs, 97 U. S. 628 ;

Louisville &c. Railway v. Mississippi, 133 U. S. 587, 590 . At the time of these proceedings, therefore, notice was required. No suggestion is made that the validity of the statute was drawn in question as repugnant to the Constitution of the United States in any other particular, and as the want of requirement of notice did not exist, the alleged ground of our jurisdiction fails.

Writ of error dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1895: 11931: 11935: 11955: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Liberty Cent. Trust Co. v. Greenbrier College for Women50 F.2d 424 (S.D.W. Va 1931)
  2. United States v. 8,557.16 Acres of Land11 F. Supp. 311 (N.D.W. Va. 1935)
  3. United States v. Norman Lumber Co.127 F. Supp. 518 (M.D.N.C. 1955)
  4. Phipps v. Harding70 F. 468 (7th Cir. 1895)

Most recent

  1. United States v. Norman Lumber Co.127 F. Supp. 518 (M.D.N.C. 1955)
  2. United States v. 8,557.16 Acres of Land11 F. Supp. 311 (N.D.W. Va. 1935)
  3. Liberty Cent. Trust Co. v. Greenbrier College for Women50 F.2d 424 (S.D.W. Va 1931)
  4. Phipps v. Harding70 F. 468 (7th Cir. 1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Davie v. Briggs, 97 U.S. 628 (1878) 104
Green v. Lessee of Neal, 31 U.S. (6 Pet.) 291 (1832) 87
Louisville, New Orleans & Tex. Ry. Co. v. Mississippi, 133 U.S. 587 (1890) 53
Baltimore Belt R.R. v. Baltzell, 23 A. 74 (Md. 1891) 37

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