Legal Opinion

Ohio River R. v. Blake

West Virginia Supreme Court

Decided February 3, 1894PublishedCited by 17 opinions

error CitO(l Code, c. 42, s. 17; Id. c. 52, s. 14; 9 W. Va. 648; Id. (3(31; 18 WT. Va. 1; 34 \V. Va. 2(30; Td. error. 1.&emdash;-The record .shows that the. jurors were freeholders.-9 W. Va. Ü48; 30 \V. Va. 203.' IT- The rerdiet was not excessice, and., under such circumstan- ces, the action of the trial court compelling the defendant in error to take a smaller amount in glace of a new trial, will not be disturbed.-18 W. Va. 1; 34 W. Va.

1Opinion of the Court

- BliANNON,

PRESIDENT: Under section 14, c. 52, Code 1891, the Ohio Eiver Railroad Company made application to a justice of Cabell coun- ty to appoint commissioners to ascertain the compensation which it should pay to Cappio B. Blake for gravel which it proposed to take from land of Blake for use on its road, and, commissioners having been appointed, and returned their report to the Circuit Court, and Blake having except- ed to it and demanded that such compensation be assessed by a jury, and a jury having assessed it, the company moved the Circuit Court to set the verdict aside, and, its…

2Cases cited32 opinions

  1. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  2. Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
  3. Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
  4. Vinal v. CoreWest Virginia Supreme Court · 1881
  5. Whitehead v. . KennedyNew York Court of Appeals · 1877

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3Cited by17 opinions

  1. Earl T. Browder, Inc. v. County Court of Webster CountyWest Virginia Supreme Court · 1960
  2. Roberts v. BettmanWest Virginia Supreme Court · 1898
  3. State v. DeanWest Virginia Supreme Court · 1950
  4. Mannon v. Camden Interstate Railway Co.West Virginia Supreme Court · 1904
  5. State v. HayesWest Virginia Supreme Court · 1930

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