Crotty v. New River & Pocahontas Consolidated Coal Co.
West Virginia Supreme Court
Appeal from Circuit Court, Fayette County. Bill by G. E. Crotty against the New Kiver & Pocahontas Consolidated Coal Company. Decree for defendant, and plaintiff appeals.
1Opinion of the Court
POEEENBAllGER, PRESIDENT.
This bill filed to vindicate the plaintiff’s alleged right to a way over the land of the defendant, claimed as a public one, a private one by prescription and a private one by necessity, must be sustained, if at all, upon the last theory, since the evidence wholly fails to sustain either of the other two. The appeal is from a decree dismissing the bill.
The way in question is a short one, only 322 feet in length, leading from the plaintiff’s 4.5 acre lot through the land of the defendant to a public road. This lot and the road are on two *69separate tracts of land, which,…
2Cases cited9 opinions
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Shaver v. EdgellWest Virginia Supreme Court · 1900
- Schmidt v. QuinnMassachusetts Supreme Judicial Court · 1884
- Goodall v. GodfreySupreme Court of Vermont · 1880
- Hudson v. HouserIndiana Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Berkeley Development Corp. v. HutzlerWest Virginia Supreme Court · 1976
- Wagner v. FairlambSupreme Court of Colorado · 1963
- Brasington v. WilliamsSupreme Court of South Carolina · 1927
- Berlin v. RobbinsWashington Supreme Court · 1934
- Marshall v. MartinSupreme Court of Connecticut · 1927
6 more not listed; retrieve them via the Exa API.