City of Welch v. Norfolk & Western Railway Co.

Woods, Judge:

The Norfolk & Western Railway Company complains of the ruling of the circuit court of McDowell county in a certain condemnation proceeding, instituted by the City of Welch, wherein the city obtained an easement for street purposes across the carrier’s tracks and right-of-way.

In order to provide the residents of Woodmont Addition with a safe, convenient and adequate means of access to and from the schools, churches and business section of the city, the officials of the City of Welch decided to construct a concrete bridge over Elkhom River at a point directly opposite the foot of…