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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 374   View pdf image (33K)
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374 HIGH COURT OF CHANCERY.

nace and at a mine, and which may not be' necessary for the
transportation of materials from the one terminus to the other;

and, that the defendant is not authorized to make a road for the
transportation of iron, the product of a furnace, to a market,
which, the bill alleges, is the sole object in making the road
in question.

It further alleges, that the lands have been already greatly
wasted; and, that if the defendant is not restrained by the au-
thority of this court, they will be irreparably wasted and in-
jured, by cutting down and removing large masses of wood and
timber, which defendant has already cut, and is yet engaged
in cutting, so as, in the apprehension of the complainant, there
will not be left upon the lands a sufficiency for its purposes, as
an appendage to the furnace.

The bill, then, after charging that the defendant had, in the
prosecution of his purpose to make the road, entered upon lands
rented to other persons, and, thereby, impeded the complainant
in collecting the rents, proceeds to charge that the erection and
employment of the saw mill in the immediate vicinity of the
steam engine, furnace and their dependant improvements, will
expose them all to great hazard of loss, by fire, against which,
there can be no adequate security.

An injunction was granted upon this bill, prohibiting the de-
fendant from cutting down wood and timber, upon the lands of
the plaintiff, for the purpose of constructing the saw mill, or
making a tram or rail road from the furnace to the rail road of
the Maryland Mining Company, or in any other direction, ex-
cept to a mine on the lands of the plaintiff, or for any purpose
other than the transportation of materials to and from said fur-
nace and mine.

Upon the argument of the motion to dissolve the injunction,
the Chancellor, after making a statement of the facts of the
case, of which the above is in substance a copy, said :]

THE CHANCELLOR :

This injunction, in the view taken by me at the time, rested
upon two very sufficient grounds, assuming the contract did



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 374   View pdf image (33K)
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