CORPORATIONS 881

further, that no railroad company shall be allowed to pass through the
city of Baltimore without the consent of the municipal authorities.

City of Annapolis held to have power to terminate franchise granted to interurban
railroad by ordinance of 1907 without approval of Public Service Commission. Duvall
Co. v. W., B. & A. Elec. R. Co., 60 Fed. (2nd), 315.

This and the following section held to afford the city of Baltimore ample protec-
tion if a new street railway company (not provided for by the act of 1906, ch. 566, deal-
ing with the United Railways and Electric Company) should come into the annexed
portion of said city. Baltimore v. U. Rwys. & E. Co., 126 Md. 49.

In the light of this section, of sec. 216 and of art. 33A, sec. 6 (as it stood prior to the
act of 1914, ch. 463), a railroad company may construct, if necessary, a crossing over
a public highway. See notes to sec. 198, and to art. 33A, sec. 1. Hyattsville v. Washing-
ton, etc., R. Co., 120 Md. 140.

Since this section affords an adequate remedy for the depreciation of the property
of an abutting owner in consequence of the construction of a railroad, equity will
not enjoin the construction of the railroad at the instance of such owner. This section
provides the remedy for injuries to property not amounting to a "taking" thereof within
the meaning of art. 3, sec. 40, of the state Constitution. O'Brien v. Baltimore, etc.,
R. R. Co., 74 Md. 376. And see Poole v. Falls Road Ry. Co., 88 Md. 533.

This section compared with sec. 206. Under this section, the corporation is responsible
for injuries to private property lying upon or near the street occupied; hence the right
to redress depends upon whether damage was done, and not upon the proximity or dis-
tance of the operative cause of the injury. Lake Roland Co. v. Webster, 81 Md. 535.

This section held to provide the remedy for injuries to private property incident to
the construction and operation of a street railway. Poole v. Falls Road Ry. Co., 88 Md.
541. Cf. Hodges v. Baltimore, etc., Ry. Co., 58 Md. 622.

Where a city ordinance assenting to the construction of a tunnel by a railroad com-
pany, provided that if any final judgment recovered under this section was not paid
within sixty days, the holder thereof should have the right to enjoin the operation of
the railroad, such provision was held to have no application to a judgment growing
out of an injury to the plaintiff's private rights for which the railroad company was
liable at common law and not under the ordinance, and hence the injunction was re-
fused. McColgan v. Baltimore Belt R. R. Co., 86 Md. 326.

City ordinances when duly passed and duly accepted by the railway company, held
to constitute the best evidence obtainable of the agreement provided for by the first
portion of this section, and of the terms and conditions upon which the city streets
were to be used by the railway. The city of Annapolis held to be authorized by this and
the following section, to pass ordinances granting the use of its streets to an electric
street railway company. Jeffers v. Annapolis, 107 Md. 271.

Suit under this section held to have been improperly withdrawn from the jury, there
being sufficient proof of plaintiff's damages. Webb v. B. & O. R. R. Co., 114 Md. 216.

This section referred to in deciding that an abutment and elevated structure built
under legislative authority, did not constitute a nuisance. Garrett v. Lake Roland R.
R. Co., 79 Md. 287.

An. Code, 1924, sec. 209. 1912, sec. 274. 1904, sec. 256. 1896, ch. 151, sec. 169A.

212. Sections 206, 209 and 211 shall apply to all roads operated by
electricity, cable or other improved motive power, and whether incorporated
under the provisions of this article or by a special act, and whether the
property proposed to be condemned is situated in one of the counties of
this State, or in the belt or annexed portions of Baltimore City, where
streets and alleys have not been opened and occupied as city streets.
See notes to secs. 206 and 211.

An. Code, 1924, sec. 210. 1912, sec. 275. 1904, sec. 257. 1888, sec. 170. 1876, ch. 242, sec. 14.

213. Such corporation may demand and receive for the transportation
of passengers on said road not exceeding three cents per mile, and for the
transportation of property on said road, other than coals, ores or other
minerals, not exceeding five cents per ton per mile, but such corporation
shall not demand or receive, for the transportation of coals, ores or other
minerals, a rate exceeding one and a half cents per ton per mile.

This section has no reference to the construction of street railways for passengers.
Hodges v. Baltimore, etc., R. R. Co., 58 Md. 622.

This section refers only to railroad companies incorporated under the general law;
it has no application to the Cumberland and Pennsylvania Railroad Company; State v.
Consolidation Coal Co., 46 Md. 13.

See secs. 370, 381 and 395.