Baltimore & O. R. Co. v. Allen
U.S. Circuit Court for the District of Western Virginia
In Equity. On motion for a preliminary injunction. The railroad which reaches from the border of Virginia beyond Winchester to Staunton is owned by four several companies, but it is operated by the Baltimore & Ohio Railroad Company, the complainant in this cause.
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In Equity. On motion for a preliminary injunction. The railroad which reaches from the border of Virginia beyond Winchester to Staunton is owned by four several companies, but it is operated by the Baltimore & Ohio Railroad Company, the complainant in this cause. The part between the state border and Winchester is owned by the Winchester & Potomac Company; that between Winchester and Strasburg is owned by the Winchester & Strasburg Company; and that between Strasburg and Harrisonburg, by the Yirginia Midland Company. These three roads are under lease to the complainant. The road between…
1DissentHughes, J.
This is a suit against the state of Virginia, brought in a forum in which she has not consented to be sued in the manner chosen by this complainant. A suit against the public officers of a state, as such, seeking to control the funds of the state in their custody, or to “compel them to do acts which constitute a performance of its contract by the state,” is a suit against the state itself. It is useless to cite authorities on this point. Suffice it to refer to the cases of Louisiana v. Jumel, 2 Sup. Gt. Rep. 128 ; Elliott v. Wiltz, Id.. 128; and Antoni v. Qreenhow, Id. 91, decided by the…
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