65 Md. 337 | Md. | 1886
delivered the opinion of the Court..
The former case between these parties, reported in 63 Md., 319, was an action of trespass by the present appellee against the appellant for running its trains across his lands after revoking a parol license giving the right of way.. In that case this Court decided that a parol license was no defence in an action at law after revocation, a deed duly executed and recorded being necessary to convey such an easement. But in its opinion this Court further remarked: “ Whether a Court of equity would restrain the application of this rule in a case where one, by express consent or acquiescence, has induced. another person to incur expense in the construction of permanent works, and afterwards attempts to deprive such person of the bene
Thus far the appellee has not attempted to appropriate or destroy the bed or rails of appellant’s road, but he has sued in trespass to recover .damages for the occupation and use of his land since the revocation of his license.
Wé think the decision in the former case secured to the appellant- all the. protection to which it is fairly entitled, namely, the right to proceed to condemn the land of the appellee necessary for its purpose, as it might have originally done, and to restrain the appellee pending the proceedings, should it prove necessary. By-this course it will save to itself all it has expended in building the road, and secure to the appellee the value of his land in the mode prescribed by the statute.
Decree affirmed.