Lockwood v. Ohio River R.
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the District of West Virginia. A charter was issued by the state of West Virginia on April 18, 1881, to the Wheeling, Parkersburg & Charleston Railway Company, for the purpose of constructing and operating a railroad from the city of Wheeling to a point at or near the city of Charleston, in the same state: the name of this company being afterwards changed, hy proper proceedings, to the Ohio River Railroad Company.
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Appeal from the Circuit Court of the United States for the District of West Virginia. A charter was issued by the state of West Virginia on April 18, 1881, to the Wheeling, Parkersburg & Charleston Railway Company, for the purpose of constructing and operating a railroad from the city of Wheeling to a point at or near the city of Charleston, in the same state: the name of this company being afterwards changed, hy proper proceedings, to the Ohio River Railroad Company. Oil April 10, 1882, the following agreement was entered into: “This agreement, made and entered into this 10th day of April,…
1Opinion of the CourtBrawley, District Judge
This appeal requires us to give interpretation to the instrument of April 10, 1882, which in terms "grants and conveys to the railway company the full and free right of way, of the width of 50 feet, with necessary grounds for cuts and fills for the road of said company in, upon and through the lands of Pugh,” upon the line surveyed by the engineer of the company, “which right of way is hereby granted and conveyed for the consi ruction, building, and use of the road of the said company.” If it had ended here, there could be no doubt that it was intended to convey simply the right of way, an…
2Cited by27 opinions
- Stevens v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1919
- Quinn v. Pere Marquette Railway Co.Michigan Supreme Court · 1931
- Morsbach v. Thurston CountyWashington Supreme Court · 1929
- Gladys City Oil, Gas & Manufacturing Co. v. Right of Way Oil Co.Court of Appeals of Texas · 1911
- Massey-Ferguson, Inc. v. Bent Equipment CompanyCourt of Appeals for the Fifth Circuit · 1960
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