Mason v. Harper's Ferry Bridge Co.
West Virginia Supreme Court
*(Snyder, J., Absent.) Appeal from and supersedeas to a decree of tlie circuit court of the county of Jefferson rendered on the 18th day of June, 1881, in a cause in said court then pending, wherein James M. Mason was plaintiff, and the Harper’s If erry Bridge Company was defendant, allowed upon the petition of said defendant. lion. Charles J. Faulkner, Jr., judge of the thirteenth judicial circuit rendered the decree appealed from.
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*(Snyder, J., Absent.) Appeal from and supersedeas to a decree of tlie circuit court of the county of Jefferson rendered on the 18th day of June, 1881, in a cause in said court then pending, wherein James M. Mason was plaintiff, and the Harper’s If erry Bridge Company was defendant, allowed upon the petition of said defendant. lion. Charles J. Faulkner, Jr., judge of the thirteenth judicial circuit rendered the decree appealed from. The facts of the case are stated in the opinion. 2 Mich. 427; 6 W. Ya. 358; 17 W. Ya. 396; Mills Em. I)om. § 1; 17 W. Ya. 812; Acts 1875 ch. 114; Mills Em. Dorn.…
1Opinion of the Court
Johnson, Pkesident,
announced the opinion of the Court.
This case has boon before this Court once before. 17 W. Va. 396. The Harper’s Perry Bridge Company, as that record shows, was about to construct a toll bridge across the Shenandoah river at Harper’s Perry. Mason had a ferry across said river at the same place; and he filed his bill of injunction to restrain the company from erecting and operating said bridge, on the ground that it would damage his ferry-franchise, and that under the Constitution of 1872 pri-*227vato property could not be taken or damaged for public use without just…
2Cases cited8 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1880
- Nease v. CapepartWest Virginia Supreme Court · 1879
- Clay v. RobinsonWest Virginia Supreme Court · 1874
- Chicago & Pacific Railroad v. FrancisIllinois Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fox v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1890
- McCreery's Adm'x v. Ohio River R.West Virginia Supreme Court · 1897
- Laidley v. Kline's Adm'rWest Virginia Supreme Court · 1884
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Ferguson v. MillenderWest Virginia Supreme Court · 1889
14 more not listed; retrieve them via the Exa API.