Town of Mason v. Railroad Co.
West Virginia Supreme Court
Error to Circuit Court, Mason County. Mandamus by the Town of Mason against the Ohio River Railroad Company. From a judgment dismissing the writ on demurrer, the plaintiff brings error.
1Opinion of the Court
Brannon, Judge:
The Town of Mason obtained from the judge of the circuit court of Mason County' a writ of mandamus nisi against the Ohio River Railroad Company, which was dismissed upon demurrer, and the town brings the case to this Court.
The writ of mandamus avers that the said railroad company obtained from said town an ordinance granting it the right to construct and operate its railroad along First street in that town, upon the condition that the railroad company should construct its road so as not to necessarily impair or destroy the use or enjoyment of said First street or other street…
2Cases cited8 opinions
- Douglas v. KentuckySupreme Court of the United States · 1897
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Hutchinson v. City of ParkersburgWest Virginia Supreme Court · 1884
- Fisher v. Mayor of CharlestonWest Virginia Supreme Court · 1881
- Van Horn v. SmithSupreme Court of Iowa · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Rel. Smith v. BosworthWest Virginia Supreme Court · 1960
- State v. White Oak Railway Co.West Virginia Supreme Court · 1909
- State ex rel. City of Benwood v. Benwood & McMechen Water Co.West Virginia Supreme Court · 1923
- State ex rel. Aultman v. IceWest Virginia Supreme Court · 1915
- Fowler v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.