Legal Opinion

Railroad Co. v. Richmond

Supreme Court of the United States

Decided March 25, 1878No. 150PublishedCited by 62 opinions

• Error to the Supreme Court of Appeals of the State of, Virginia. The Richmond, Fredericksburg, and Potomac Railroad Company was incorporated Feb. 25, 1834, by the legislature of the State of Virginia, “ for the purpose of making a railroad from some point within the corporation of Richmond-, to be approved by the common council; to some point within the corporation of Fredericksburg” (charter,-sect. 1), and was authorized (sect. 24) “ to place on the railroad constructed…

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• Error to the Supreme Court of Appeals of the State of, Virginia. The Richmond, Fredericksburg, and Potomac Railroad Company was incorporated Feb. 25, 1834, by the legislature of the State of Virginia, “ for the purpose of making a railroad from some point within the corporation of Richmond-, to be approved by the common council; to some point within the corporation of Fredericksburg” (charter,-sect. 1), and was authorized (sect. 24) “ to place on the railroad constructed ... all machines; wagons, vehicles, carriages; and teams of any description whatsoever, . . . necessary or proper for the…

1Opinion of the CourtChief Justice Waite

The questions for determination in' this case are: —

1.. Does the municipal legislation complained of impair the vested rights of the company under its charter ?

In answering this question, it becomes necessary to determine at the outset what the rights of the company, secured by its .charter and affected by the ordinance in dispute, actually are. The right is granted the company to construct a railroad “ from some point within the corporation of Richmond, to be approved by the common council.” No definite point is fixed by the-charter. That is left to the discretion of the company, subject…

2Cases cited1 opinion

  1. Whitson v. City of FranklinIndiana Supreme Court · 1870

3Cited by62 opinions

  1. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  2. American Sugar Refining Co. v. LouisianaSupreme Court of the United States · 1900
  3. Blair v. City of ChicagoSupreme Court of the United States · 1906
  4. Walston v. NevinSupreme Court of the United States · 1888
  5. Erb v. MoraschSupreme Court of the United States · 1900

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