Jackson v. Big Sandy &c. R. R.
West Virginia Supreme Court
Appeal from Circuit Court, Wayne County. Bill by Virginia Jackson against the Big Sandy, East Lynn & Guyan Railroad Company. Decree for plaintiff, and defendant appeals.
1Opinion of the Court
POFEENBARGER, JlJDGE:
The questions presented' here are whether a railroad built on a right of way granted only for a railroad for the transportation of minerals of the grantee, to be taken from the land over which the right of way is, can be operated as a common carrier, and, if not, whether equity will enjoin such use thereof.
The plaintiff, owner of a small tract of land, containing about three aeres, which came to her out of a tract of 62 7-8 acres, once owned by Samuel Osburn, and another tract, the two having, an aggregate area of 62 1-2 acres, obtained from the judge of the circuit court…
2Cases cited13 opinions
- Bettman v. HarnessWest Virginia Supreme Court · 1896
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
- West Va. O. & O. L. Co. v. VinalWest Virginia Supreme Court · 1879
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3Cited by3 opinions
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
- Lovett v. West Va. Central Gas Co.West Virginia Supreme Court · 1909
- Given v. United Fuel Gas Co.West Virginia Supreme Court · 1919