Legal Opinion
State Road Commission of West Virginia v. Chesapeake & Ohio Railway Co.
West Virginia Supreme Court
Decided December 11, 1934No. 8071PublishedCited by 5 opinions
1Opinion of the Court
Hatcher, Judge :
The major portion of East Avenue in the city of South Charleston is occupied jointly by the public highway and an industrial track of the Chesapeake & Ohio Railway Company. The State Road Commission brought this proceeding in mandamus to require the railway company to remove its track from a portion of the Avenue which the commission deems necessary for use in improving the highway.
The chronological facts relating to this controversy are as follows: In 1908, the Kanawha Land Company, then the owner of that part of South Charleston embracing the parcel in litigation, platted…
2Cases cited5 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- City of Noblesville v. Lake Erie & Western RailroadIndiana Supreme Court · 1891
- Brunswick & Western Railroad v. Mayor of WaycrossSupreme Court of Georgia · 1893
- City of Point Pleasant v. CaldwellWest Virginia Supreme Court · 1920
- Riddle v. Town of CharlestownWest Virginia Supreme Court · 1897
3Cited by5 opinions
- Hoffman v. SmithWest Virginia Supreme Court · 1983
- City of Russell v. Russell County Building & Loan Ass'nSupreme Court of Kansas · 1941
- Armiger v. LewinCourt of Appeals of Maryland · 1958
- Kuehn v. Village of MahtomediSupreme Court of Minnesota · 1940
- Huddleston v. DeansWest Virginia Supreme Court · 1942