Elkins Electric Ry. Co. v. Western Maryland R.
U.S. Circuit Court for the District of Northern West Virginia
In Equity. On intervening petition of the Elkins Electric Railway Company. By regular proceedings had in a suit instituted by the Bowling Green Trust Company against the Western Maryland Railroad Company in the Circuit Court -of the United States for the District of Maryland, and in an ancillary proceeding instituted by tbe same plaintiff against this railroad company in this court, Benjamin F. Bush has been appointed receiver for the Western Maryland Railroad Company, and…
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In Equity. On intervening petition of the Elkins Electric Railway Company. By regular proceedings had in a suit instituted by the Bowling Green Trust Company against the Western Maryland Railroad Company in the Circuit Court -of the United States for the District of Maryland, and in an ancillary proceeding instituted by tbe same plaintiff against this railroad company in this court, Benjamin F. Bush has been appointed receiver for the Western Maryland Railroad Company, and the affairs of the company since March last have been administered under the direction of these courts in the two…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). The right determination of the questions involved in this controversy depends upon the construction of certain West Virginia statutes. At the threshold it may be best to set forth these statutory provisions:
Section 2348, Code 1906 (chapter 54, § 50), defines additional powers conferred by the act upon railroad corporations in 12 separate clauses of which I quote;
“Second. To take and hold such voluntary grants of real estate and other property as shall be made to it, in aid of the construction and use of its railroad, and to sell and convey the same, when no…
2Cases cited3 opinions
- Railroad Co. v. Iron-WorksWest Virginia Supreme Court · 1888
- Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904
- Grafton & Belington Railroad v. Buckhannon & Northern RailroadWest Virginia Supreme Court · 1904
3Cited by4 opinions
- State ex rel. Northern Pacific Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1909
- State ex rel. Puget Sound & Willapa Harbor Railway Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1916
- Chicago, M. & St. P. Ry. Co. v. Old Colony Trust Co.Court of Appeals for the Eighth Circuit · 1914
- Elkins Electric Ry. Co. v. Western Maryland Ry. Co.Court of Appeals for the Fourth Circuit · 1911