Hairston v. Danville & Western Railway Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA. This is a writ of error to the highest court of the State of Virginia. The defendant in error is a corporation created by the State of Virginia and operating a railroad entirely within that State. Its main line runs near the town of Martinsville, and from it a branch line runs into Martinsville and there ends.
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ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA. This is a writ of error to the highest court of the State of Virginia. The defendant in error is a corporation created by the State of Virginia and operating a railroad entirely within that State. Its main line runs near the town of Martinsville, and from it a branch line runs into Martinsville and there ends. The railway company began a proceeding in a circuit court of that State for the condemnation of land belonging to Miss Hairston, the plaintiff in error, for the construction of a spur track, which was alleged to be needed…
1Opinion of the CourtJustice Moody
The condemnation of land in this case has been held by the courts of Virginia to be authorized by the constitution and laws of that State,, and we have no right to review that aspect of the decision. The law of Virginia permits no exercise of the right of eminent domain except for public uses. Fallsburg Power Company v. Alexander, 101 Virginia, 98; Dice v. Sherman, 59 S. E. Rep. 388. Therefore it must be assumed that this taking was held to be for public uses, although there was no specific finding of the fact, but only a general judgment of condemnation. The plaintiff in error, however,…
2Cases cited8 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Clark v. NashSupreme Court of the United States · 1905
- Missouri Pacific Railway Co. v. NebraskaSupreme Court of the United States · 1896
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
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3Cited by129 opinions
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- Chas. Wolff Packing Co. v. Court of Industrial RelationsSupreme Court of the United States · 1923
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