Legal Opinion

State v. White Oak Railway Co.

West Virginia Supreme Court

Decided January 19, 1909PublishedCited by 22 opinions

Mandamus by the State, on the relation of the Mt. Hope Coal Company, against the White Oak Railway Company and others. Alternativa writ amended. Peremptory writ awarded.

1Opinion of the Court

Miller, Judge:

The defendant owns and operates a railroad in Payette county, from Macdonald Station on the Loup Creek branch of the Chesapeake and Ohio Railway Company, to Price-Hill Station, a distance of about three miles. The relator, the Mount Hope Coal and Coke Compaixy, has opened up a coal mine on the line of defendant’s railway near Mount Hope Station, where it has built a substantial tipple, and is ready to mine and ship coal. The defendant owns its right of way in fee, of the width of one hundred feet. It is impossible for relator to reach the main track of defendant, as now located,…

2Cases cited12 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Missouri Pacific Railway Co. v. NebraskaSupreme Court of the United States · 1896
  3. Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
  4. People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
  5. Jones v. Newport News & M. V. Co.Court of Appeals for the Sixth Circuit · 1895

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Buckhannon & Northern Railroad v. Great Scott Coal & Coke Co.West Virginia Supreme Court · 1914
  2. State Ex Rel. Smith v. BosworthWest Virginia Supreme Court · 1960
  3. State Ex Rel. Underwood v. SilversteinWest Virginia Supreme Court · 1981
  4. State ex rel. Underwood v. SilversteinWest Virginia Supreme Court · 1981
  5. City of Bradenton v. State Ex Rel. PerrySupreme Court of Florida · 1935

17 more not listed; retrieve them via the Exa API.

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