Legal Opinion

Jackson v. Big Sandy &c. R. R.

West Virginia Supreme Court

Decided November 26, 1907PublishedCited by 3 opinions

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

  1. Bettman v. HarnessWest Virginia Supreme Court · 1896
  2. Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
  3. Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
  4. Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
  5. West Va. O. & O. L. Co. v. VinalWest Virginia Supreme Court · 1879

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

3Cited by3 opinions

  1. MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
  2. Lovett v. West Va. Central Gas Co.West Virginia Supreme Court · 1909
  3. Given v. United Fuel Gas Co.West Virginia Supreme Court · 1919

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