Legal Opinion

Deepwater Railway Co. v. Lambert

West Virginia Supreme Court

Decided December 12, 1903PublishedCited by 2 opinions

Error to Circuit Court, Mercer County. Proceedings by the Deepwater Eailway Company against S. P. Lambert and others to condemn land. From the judgment, plaintiff brings error.

1Opinion of the Court

POEEENBARGER, JUDGE:

The Deepwater Eailway Company commenced a proceeding in the circuit court of Mercer county, in August, 1903, to condemn rights of way over numerous tracts of land, among which were certain lands owned by the Pocahontas Coal and Coke Company and the Norfolk & Western Eailway Company. On the return day of the notice, the Norfolk & Western Eailway Company appeared and filed an answer, setting up certain rights under unrecorded contracts, to which the petitioner replied generally and specially, and moved for a continuance until September 1, 1903, and the motion was sustained…

2Cases cited5 opinions

  1. Heaston v. Cincinnati & Fort Wayne RailroadIndiana Supreme Court · 1861
  2. Atlantic & Ohio Railroad v. SullivantOhio Supreme Court · 1855
  3. Eakright v. Logansport & Northern Indiana RailroadIndiana Supreme Court · 1859
  4. State v. BaileyIndiana Supreme Court · 1862
  5. The Buffalo and Pittsburgh Railroad Co. v. . Hatch.New York Court of Appeals · 1859

3Cited by2 opinions

  1. Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
  2. Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904

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