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public sale, at any time thereafter, without ad- ; delity & Guaranty Company. The bank held vertisement or notice to
and with the this certificate for 30 shares of stock at the right on the part of said bank to become pur- time when the loan of July 1, 1909, evidenced chasers thereof at such sale, freed and dis- by the demand note for $3,000, was made, and charged of any equity of redemption, the pro- Mr. Page, the president of the Calvert Bank, ceeds to be applied to the payment of the above- testified that it was part of the inducement for mentioned obligations and liabilities, any ex- making the loan of July 1, 1909, that there was cess or deficiency to be paid or received by considerable margin in the 30 shares held as
... as the case may be, and ...... further collateral for the first loan. The original note authorize the said bank, or its president or its of July, 1908, was renewed from time to time; cashier to use, transfer or hypothecate the col- the last being the note of July 23, 1912. In the lateral security, they being required on payment early part of 1912, the appellee permitted the or tender at maturity of the amount of the certificate for 30 shares to be withdrawn and a said obligations and liabilities to return an certificate of 20 shares substituted in its place. equal amount of said securities, and not the At that time the stock had advanced so much in specific securities pledged.
value that the 20 shares were worth about as “T/D50.25 Demand. E. M. Noel."
much as the 30 shares were when originally Reverse Side.
pledged." "For value received .. hereby agree to become surety for the faithful performance of
There is no dispute as to the loan of the the obligations contained in the within note."
stock by the appellant to Noel, but it is conThe certificate for the 20 shares of stock tended there was a distinct understanding is in the name of J. Kemp Bartlett, dated and agreement between them that Noel the 20th of May, 1912, and is in the usual should not borrow upon the stock a sum in form. It was delivered to the bank as col- excess of $3,000.
While this restriction and limitation may lateral security for the note of July 23, 1912. To this certificate of stock was attached the have been understood between the appellant following power of attorney dated the 20th and Noel, there is no evidence whatever day of May, 1912, and signed by J. Kemp that it was ever communicated to the bank Bartlett:
or to any of its officers. The plaintiff testifi“Know all men by these presents, that I, J. ed that he never informed the bank of the Kemp Bartlett, for value received, have granted, agreement, and the testimony as to what Noel bargained, sold, assigned, and fully and irrevo- in his lifetime told the appellant, which had cably transferred, and do by these presents, been admitted subject to exception, was propgrant, bargain, sell, assign and fully and irrevo-erly stricken out at the conclusion of the tescably transfer for all purposes unto twenty (20) shares of the capital stock of the timony. United States Fidelity & Guaranty Co., stand- The evidence upon the part of the defending in ... name, on the books of
ant was to the effect that the bank never and do hereby constitute and appoint irrevocably for ... to be .. true and
had any notice of the agreement between lawful attorney, and in
name and stead, the appellant and Noel that the stock should to sell, hypothecate or dispose of in any manner not be pledged for more than a $3,000 loan. and for any purpose, assign, transfer and set over to any person or persons the whole or any testified as follows:
The witness Page, president of the bank, parts of said stocks at once or from time to time, and for that purpose to make all necessary acts "Q. Did you or the bank have any notice of or assignment or transfer, and with power to any agreement that the stock should not be hysubstitute one or more persons in ...... stead, pothecated for more than $3,000? A. No, sir; as to the whole or parts of said stock, with all on the contrary, I figured to Mr. Noel when the powers herein mentioned hereby rati- | the second loan was made the margin on it; fy and confirm all acts that
said attor- when the second loan was made I figured it; ney, or any substitute or substitutes under I went and got the envelope and figured it up;
shall lawfully do by virtue hereof. and he was thoroughly conversant of the fact "In witness hereof, have hereunto set my hand that we were holding it for that purpose. Q. and seal this twentieth day of May, A. D. 1912. He never told you Mr. Bartlett said it was not
"J. Kemp Bartlett. [Seal.] to be pledged generally, but only for that loan "Signed, sealed, and delivered in the presence of $3,000? A. No, sir; never; as I said a moof: F. Aloysius Michel.”
ment ago, he knew it could be pledged for more, The bank also holds a demand collateral because he knew it could be figured on the
margin.” note of Noel's, dated July 1, 1909, for an additional loan of $3,000. The collaterals held the power of attorney, given Noel by the ap
It is very manifest, we think, that under by the bank are insufficient to pay this last- the power of attorney, given Noel by the apnamed note, and it claims the right to hold pellant, he had the right and power to pledge the 20 shares of stock as collateral security the loan of $3,000, but also for any other
the stock as collateral security, not only for for the payment of both notes, under the debt he might owe the bank. The very face terms of the contract and pledge by Noel, at of the instrument itself shows that Noel had the time of the loan. The facts and history this power. The language of the power of of the two loans are thus stated by the appel
attorney is: lee in his brief: "The notes which the bank now holds are a assign and fully and irrevocably transfer for
“Do by these presents, grant, bargain, sell, four months' collateral note of July 23, 1912, all purposes unto for $3,000 and a demand collateral note of the capital stock
twenty (20) shares of
and do hereby constiJuly 1, 1909; each note being for $3,000. The tute and appoint true and lawful atspecific certificate of 20 shares sued for in this torney, ...... to sell, hypothecate or dispose case was pledged and delivered with the note of of in any manner and for any purpose, assign, July 23, 1912, but the note of July 23, 1912, evi-transfer and set over denced a debt which originated in July, 1908, at which time there was pledged a certificate
There was nothing upon the face of the for 30 shares of stock of the United States Fi-l certificate of stock, the collateral notes, or the power of attorney that would put the tric railway company in operation upon any bank on inquiry or impart notice that Noel public or private road, "when acquired hereunwas limited or restricted in any way in the der,” shall be disturbed in its operation or
maintenance, and Laws 1910, c. 116, suppledisposition or the hypothecation of the stock. mentary thereto, declared that nothing therein On the contrary, any one examining the pow- should change the provisions of the prior act er of attorney would see that he had power as to the rights of electric railway companies to transfer the stock "for all purposes," and upon any public or private road, and authorizto sell, hypothecate, or dispose of it in any the construction of bridges, etc., for overgradē manner and for any purpose.
or undergrade crossings at the cost of the comThe cases of Taliaferro v. Bank, 71 Ma. mission. Held, that the commission could not re
quire defendant electric street railway company 204, 17 Atl. 1036, and German Savings Bank at its own expense to make changes ordered in v. Renshaw, 78 Md. 475, 28 Atl. 281, relied the grade and location of its railway, whether upon by the appellant, will be found upon operated on its private rights of way or upon an examination to be unlike this case.
public roads, and escape liability for such exIn
pense on the ground that the city might require those cases there was no power “to hypothe- the railway to make its tracks conform to cate or dispose of in any manner and for any changes in the grade of a city street, and an purpose,” as in this case, but the power was agreement between the city and the railway as
to bringing the railway under the acts and ormerely to sell, transfer, and set over to bank dinances relating to the city's park tax, by but not to pledge for debt.
which the railway agreed to accept a nominal In Merchants' Bank v. Williams, 110 Md. award for its easement in one of such streets, 352, 72 Atl. 1117, it is said:
was not a waiver of its rights as against the
commission. “This stock was pledged not for the $216.45
[Ed. Note.-For other cases, see Railroads, only, the amount required by Mrs. Williams to Cent. Dig. $$ 291, 292, 296; Dec. Dig. $ 98.*] complete her purchase, but also for the general debit account of Mr. Williams with the 2. RAILROADS (8 98*)-CụANGE OF GRADE firm of Wilson, Colston & Co., and therefore the AUTHORITY OF STATE ROADS COMMISSIONdefendant is entitled to have deducted such EXERCISE OF POLICE POWER-PRESUMPTION. amount, with interest to date of trial, as Mr. The powers of the state roads commission, Williams may owe that firm.”
established by Laws 1908, c. 141, as supple
mented by Laws 1910, c. 116, under the denomiIn the absence of any notice by the bank nation of police powers, must be derived from of the alleged restrictions which the appel- the Legislature by express grant or by fair inlant claims he placed upon Noel at the time tendment, and there could be no presumption in of the transfer of the stock to him, we think favor of a grant to it of the power to order
changes in the grade and location of the roadit is clear that the bank has the right to re- beds and overhead system of an electric street ly upon and to hold the stock here in ques- railway at the expense of the railway. tion, not only for the $3,000 mentioned in the [Ed. Note.-For other cases, see Railroads, collateral note of July 23, 1912, but for all Cent. Dig. $8 291, 292, 296; Dec. Dig. § 98.*] other indebtedness of Noel to it.
Appeal from Superior Court of Baltimore It follows, for the reasons stated, that the City; Chas. W. Heuisler, Judge. court below committed no error in rejecting “To be officially reported.” the plaintiff's prayer and in granting the de- Action by the State Roads Commission fendant's second prayer. There was no er-against the United Railways & Electric Comror in granting the defendant's motion to pany of Baltimore. Judgment for plaintiff, strike out the testimony set out in the first and defendant appeals. Reversed, without bill of exception. The judgment will be af- awarding a new trial. firmed.
Argued before BOYD, C. J., and BRISJudgment afirmed, with costs.
COE, BURKE, THOMAS, PATTISON, and
CONSTABLE, JJ. (123 Md. 561)
Joseph C. France, of Baltimore (J. StanisUNITED RYS. & ELECTRIC CO. OF BAL- laus Cook, of Baltimore, on the brief), for apTIMORE v. STATE ROADS COM
pellant. S. S. Field and Isaac Lobe Straus, MISSION. (No. 27.)
both of Baltimore (Leon E. Greenbaum, of (Court of Appeals of Maryland. June 25,
Baltimore, on the brief), for appellee. 1914.) 1. RAILROADS ($98*)–CHANGE OF GRADE
THOMAS, J. In 1908 the Legislature passAUTHORITY OF STATE ROADS COMMISSION- ed an act (chapter 141) STATUTE.
"providing for the establishment of a system Laws 1908, c. 141, established a system of of public roads and highways in Maryland, and public roads and appointed a state roads com- providing for the appointment of a commission mission, and by section 32b authorized the com- to be known as the 'state roads commission, mission to maintain a general system of im- with full powers to construct, improve and proved state roads, including roads within the maintain public roads and highways in the city of Baltimore, by section 32c provided that several counties of this state; and providing the commission might take over any county also the ways and means, and making the necesroad, etc., and accept by gift or surrender and sary appropriations of money and for a bond acquire by purchase any existing turnpikes or issue for the construction, improvement and interests therein, subject to any outstanding oc
maintenance thereof, and for the expenses of cupation or use by any electric railway com- such commission in the execution of its powers pany, and by section 32e provided that no elec- | and duties."
*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
By section 32b of the act the state roads Section 32c is as follows: commission, hereinafter referred to as the "If the state roads commission shall determine commission, was given full power and charg- that the public necessity or convenience, or that
the purposes of this act require that any turned with the duty to select, construct, improve, pike, or part thereof, whether maintained as and maintain such a general system of im- such by any turnpike company or otherwise, or proved state roads and highways as could whether formerly maintained as such and now "reasonably be expected to be completed" abandoned by any turnpike company, or that
any public road in whole or in part in any with the funds therein provided “in and county or counties, and forming a section of a through all the counties of this state," and through route or continuous thoroughfare bewas required to make the selection of the tween two or more important points in this
state, should be taken charge of by said comroads to be improved before the 1st of May, mission for the state, for the purposes of this 1909. The commission was authorized to act, then, as to such public road or abandoned make such preliminary investigation, to do or acquired turnpike, whether acquired by pur
chase or condemnation, the said commission such preliminary work, and to adopt such shall file a certified copy of the plan thereof in means or system of roads construction, etc., the office of the county commissioners for the as in its judgment was best calculated to pro-county or the several counties in which said mote the objects of the act
section or sections of road or turnpike may be
situated, and setting forth its purpose to ac"condemn, lay out, open, establish, construct, quire and to take over the same, and said comextend, widen, straighten, grade and improve, mission thereupon, without any further proce, in any manner, any main road, of the system, in dure, shall acquire and take over any such and any county of this state and establish or fix the all county roads, turnpikes or sections thereof or width thereof; cause to be prepared such sur interests or rights therein, as in its judgment, veys, plans, drawings or maps as it may deem may be necessary or proper for the purpose of proper in the course of its work; acquire for this act, and with full power to widen, relocate, the state of Maryland, by agreement, gift, grant, change 'or alter the grade or location thereof; purchase or condemnation proceedings,
and said commission shall have full power so to any private road or roads whatsoever, or pri- take over and take possession of any county vate property or rights of drainage for public road or abandoned turnpike, and to accept by use, whether belonging to private individuals gift or surrender, and to acquire by purchase or to turnpike companies or other corporations, or condemnation, any and all existing turnand including any avenues, roads, lanes or pikes or any sections thereof, or any rights or thoroughfares, rights or interests, franchises, interests therein, subject to any outstanding privileges or easements, that may bé, in its judy occupation, use or franchise of any electric ment, desirable or necessary to complete said railway company or other public service corsystem of roads or to carry out the purposes of porations; and thereafter all highways, howthis act; contract with any person or persons, ever acquired hereinunder, shall be state highcompany or corporation, either private or quasi ways and shall be constructed, improved and public, or municipal, in furtherance of the du- maintained by said commission for the state ties and objects of this act or any of the same," and at its expense, except as provided in secetc.
tion 32b." This section authorized and directed the
Section 32e provided : commission to include in its work of improv- “That said commission shall keep all state ing the system of main roads of the state the highways reasonably clear of brush and mainimprovement of such portions of the main tain same in good condition; shall cause suitroads selected by said commissions as a ticable, and may establish and maintain water
able shade trees to be planted thereon, if pracpart of such system "as lie inside the lim- ing troughs upon said highways. No opening its of the city of Baltimore, up to the old shall be made in any such highway, nor shall city limits, provided that on completion of any structure be placed thereon, nor shall any
structure which has been placed thereon be such improvements, the portions of the roads changed or renewed, except in accordance with so improved within the city limits shall be a permit from the commission, which shall excity streets under the provisions of the city ercise complete control over such highways, excharter," and provided that:
cept as herein otherwise provided. No state
highway shall be dug up for laying or placing "Where rights, easements and franchises of pipes, sewers, poles, wires or railways, or for the United Railways & Electric Company of other purposes, and no trees shall de planted or Baltimore, its successors and assigns, exist upon removed or obstruction placed thereon without any turnpike or private right of way in the the written permit of the state roads commisannex which may be improved hereunder, then sion, or its duly authorized agent, and then only said rights, easements and franchises may (if in accordance with the regulations of said comthe mayor and city council of Baltimore and mission; and the work shall be done under the said Railways Company, its successors and as- supervision and to the satisfaction of said comsigns fail to agree upon terms of purchase or mission; and the entire expense of replacing surrender) be condemned by the mayor and city the highway in as good condition as before shall council of Baltimore under the provisions of be paid by the persons to whom the permit was chapter 274 of the Acts of 1904, and chapter given or by whom the work was done: Pro566 of the Acts of 1906, or in the exercise of vided, however, that no electric railway comits general powers of condemnation, the cost pany in operation upon any public or private thereof to be defrayed out of the loan provided road or existing or abandoned turnpike when acfor in said first mentioned act, or out of the or-quired hereunder shall be disturbed in its dinary proceeds of municipal taxation: Pro-operation or in the maintenance of its roadbed vided, however, that the provisions of said act and overhead construction and all necessary reof 1906 shall be obligatory upon, and not discre- pairs, together with the maintenance of the tionary with, the mayor and city council of space between its tracks and two feet on each Baltimore and the board of estimates, and the side thereof shall be performed by such railroad price to be charged for new rights, franchises company under the supervision and to the satand easements similar to those condemned, shall isfaction of said commission. Said commission be the same as the amount of the condemnation may give suitable names to the state highways award."
and may change the name of any highway which becomes a part of a state highway. They shall, tracks so as to conform with the adjacent roaderect suitable guide posts at convenient points way, the expense incurred by any such change along state highways.”
to be borne by the commission. In 1910 the Legislature passed an act
“The word 'tracks' shall be taken to include
switches, turnouts and electrical construction, (chapter 116) "enlarging the powers of the unless such inclusion would be unreasonable. state roads commission as created by chapter The formal deed or acts or instruments of sur141 of the Acts of” 1908, and “providing, also, render by and on behalf of the several turnfor the enlargement of the work of said com- terms recite and reserve the rights of the com
pike companies to the commission shall in mission and making the necessary appropria-pany hereunder." tions of money; and for an additional bond
The agreement of counsel filed in the case issue for the purpose of carrying out the pro- states that, after the execution of the above visions of this act." This act authorized the agreement, "certain members of the state commission to acquire, construct, and main roads commission took the position that its tain bridges for the purpose of making con- terms were broader than they had intended nection between any highways or parts of them to be; that they had not intended to any highway constructed and improved by it, bind the commission in regard to roads other to acquire by purchase, condemnation, or than the three roads specified by name in otherwise the Conowingo bridge across the said contract, namely, York, Baltimore and Susquehanna river, to build a bridge across Harford, and the Baltimore and Jerusalem the Nanticoke river, and to construct a high- Turnpike Roads; that they thought that the way to be known as the Annapolis and Balti- Railways Company ought to enter into a supmore boulevard, and provided that:
plemental agreement so that, as to the roads "Nothing in any of the foregoing sections or other than the three roads which the Railin the provisions of any act adding to or supplementing chapter 141 of the Acts of 1908 (creat ways Company had agreed to procure to be ing the state roads commission) shall be con- turned over to the commission, the rights strued as modifying or changing the provisions or obligations of the commission in regard of said last named act, in so far as the same de- to the Railways Company's structures therefine and regulate the rights of any electric railways company in operation upon any public
or on should be passed upon and determined by private road or existing or abandoned turn the courts. The Railways Company's posipike."
tion was that the agreement of April 29, 1909, And further providing that:
was understood by the parties thereto and "Whenever any state road crosses the grade of was intended to be exactly as it was. The the line of any railroad worked by steam or company agreed, however, to make a suppleother power, the state roads commission shall have the power to contract with such railroad mental agreement as requested by the comfor the construction of any bridge, archway, or mission.” The Railways Company and the culvert that may be needed for the purpose of commission accordingly entered into a supany overgrade or undergrade crossing; and to plemental agreement on the 7th of July, 1910, provide by contract or otherwise for the maintenance thereof: Provided, that one-half of the by which they agreed that the agreement of construction cost of such bridge, archway, cul- April 29, 1909, should be applicable to the vert or roadbed shall be paid for by the railroad roads referred to, "and that, as to all other and one-half by the state roads commission.”
roads on which the United Railways & ElecOn the 29th of April, 1909, the commis- tric Company has or operates any tracks, the sion and the United Railways & Electric state roads commission shall proceed with Company of Baltimore City entered into an such improvements or works as it may deagreement by which the Railways Company, termine to make, subject to the provisions of "to the extent of its ownership and interest chapter 141 of the Acts of 1908 and any acts in the Harford, the Baltimore and Jerusalem, of the General Assembly supplementary and the York Turnpike Roads,” agreed that thereto; it being particularly agreed that as the same should be transferred to the com- to all such other roads last aforesaid the said mission without charge other than the cost, commission shall, in the first instance, pay if any, of perfecting the title, “subject, how the costs and expenses of all changes in the ever, to any and all railway easements and tracks, roadbed and overhead construction of rights of way now existing,” and subject to the said Railways Company, caused by the the further provisions of the contract, among works or improvements made by the said which were the following:
commission, and that the ultimate liability "Where any tracks owned or operated over for the costs and expenses of said changes by the company now exist on any road which the commission may acquire and improve, all shall be determined by the courts according changes made necessary by the work of the to law.” The agreement further provided commission shall be done by the company to that, as to all other roads than those menthe satisfaction of the commission and the ex- tioned in the agreement of April 29, 1909, pense incurred shall be paid by the commission.”
the work of changing said tracks, roadbed, “The company shall duly keep in repair the and overhead construction of the company space between the rails of its tracks and the should be done by the company under the two-foot adjacent space, as provided by the State Roads Law; but, except by mutual agree- supervision and to the satisfaction of the ment, it shall not be disturbed in the use of commission; that the payments to be so ador required to change, the existing character vanced by the commission should be made on of its rails, ties, ballast, roadbed or overhead construction; but the company will, at the re- the 15th day of each month, and for the quest of the commission, lower or raise its amount of the costs and expenses as shown by vouchers, approved by a responsible offi-| Brooklyn, $3,839.66; on Maryland avenue, cial of the company and furnished by the Westport, $5,112.82; miscellaneous, labor and company to the commission not later than material, $589.89-amounting in the aggrethe 8th day of each month, and approved by gate to $38,897.03; that the changes and rethe commission, “to have been actually in- locations referred to above as having cost curred for the changes in the tracks, road- $87,916.68, the amount which the commission bed, and overhead construction of said Rail- now seeks to recover, were necessitated by ways Company during the calendar month the plans and specifications adopted by the last preceding the 15th day of each month commission for the improvement of the sevaforesaid caused by the works and improve eral roads mentioned; and that the work was ments made by the commission upon said done in compliance with said specifications roads, and the further and additional sum and the orders of the commission. of 10 per cent. upon the amount of said actu- Prior to the passage of the act of 1908 al costs and expenses for each said calendar (chapter 141), "and until the time the strucmonth for tools and supervision provided by tures of the railways were removed at the insaid Railways Company."
stance of the state roads commission, the Under the supplemental agreement referred Railways Company maintained its tracks and to, the commission undertook the improve- structures upon” the roads hereinafter menment of the Falls Road, in Baltimore county tioned, as to which the “agreement as to and Baltimore city; the Baltimore and Liber- facts” contains the following statements: ty Turnpike Road, within the present limits “The defendant's structures in Baltimore of Baltimore city, known as Garrison avenue; county were located under and in accordance First street in Brooklyn, Anne Arundel coun- dent, managers, and company of the Falls Turn
with grants executed in 1897 from the presity; and Maryland avenue, in Westport, Bal- pike Road, the said grants setting forth a contimore county. In reference to each of these sideration of $5,000 and purporting to convey roads, the commission and the Railways the right to the Falls Road Electric Railway
Company to construct, maintain, and operate Company entered into a further agreement its railway, and also under and in accordance specifying the changes to be made by the with the charter of said company. The charRailways Company in the location, grade, ter of the Maryland Traction Company, which rails, and construction of its railway, so as amended by the act of 1896 (chapter 360), which
was incorporated under the General Law, was to conform to the specifications and require- changed its name to the Falls Road Electric ments of the commission, and further agree- Railway Company, and gave certain additional ing that the cost of said changes should be powers to that company. The rights of this paid by the commission, and that the ulti- company, as well as the rights of the other rail
way companies referred to in this agreement, mate liability therefore should be judicially are now vested in the defendant, the United determined.
Railways & Electric Company of Baltimore. This suit was brought by the commission in tered by the act of 1804 (chapter 91), for the
The Falls Road Turnpike Company was charthe superior court of Baltimore city to re- purposes set forth in its charter. Some years cover from
from the Railways Company the thereafter the Falls Road Turnpike Company amounts paid by the commission to the com- abandoned the turnpike road, moving its gates
therefrom, and the state roads commission took pany in accordance with the agreements re- over and acquired it as an abandoned road. ferred to.
* * The mayor and city council of BaltiIn the agreement of counsel it is stated more acquired the portion of Falls Road withthat the commission expended, for the reloca- president, managers, and company of the Falls tion of the tracks and structures of the Rail- Turnpike Road to the mayor and city council ways Company on the roads mentioned, the of Baltimore. The railway structures upon the following amounts: On Falls Road, in Balti- Falls Road, within the present city limits, were
constructed and maintained under an ordinance more county, $25,209.75; on Falls Road, with of the mayor and city council of Baltimore, in the present city limits, $4,306.32; on the Ordinance No. 105 of 1896, p. 53." Baltimore and Liberty Turnpike Road, now
"One of the tracks of the Railways Company Garrison avenue, $10,972.54; on First street, Baltimore city, now known as Garrison avenue,
on the Baltimore and Liberty Turnpike Road in Brooklyn, $10,616.66; on Maryland avenue, was constructed under and in accordance with Westport, $6,811.44—which amount in the ag- grants from the Baltimore and Liberty Turngregate to $87,916.68; and it was agreed that pike Road in 1894 to the Baltimore Traction if the court should find for the plaintiff, "in the said company the right to construct, main
Company, said grants purporting to convey to whole or in part,” the above figures should be tain, and operate its railway, and under and in used by the court "as a basis upon which accordance with the charter of said company. the amount” of its judgment should be as- The Baltimore & Liberty Turnpike Company
was chartered by the act of 1860 (chapter 274). certained. It was further agreed that, by This charter was amended by the act of 1902 reason of the changes and relocations of the (chapter 203). The other track of the Railcompany's tracks, roadbed, and structures re- ways Company, upon what is now Garrison quired by the commission, the company in- avenue as widened, was located and maintained curred the cost of additional changes in its along and to the side of the turnpike under and
proptracks, etc., for which it makes no claim erty owners of the property abutting upon the against the commission, to the following turnpike road. Where the Railways Company's amounts: On Falls Road, $16,382.39; on the structures have been relocated along the Liberty
Road (that is, upon Garrison avenue as widenBaltimore and Liberty Turnpike Road (Gar- ed), the structures have been moved, so that rison avenue), $12,972.31; on First street, both tracks are now located in the center of the