Norfolk & W. Ry. Co. v. Pinnacle Coal Co.
West Virginia Supreme Court
Error to Circuit Court, Mercer County. Action by the Pinnacle Coal Company against the Norfolk & Western Railway Company to recover for overcharge for carriage of coal. Plaintiff had judgment, and, a writ of prohibition to prohibit the carrying- of the judgment into execution being denied, defendant brings error.
1Opinion of the Court
Dent, Judge:
The case of the Norfolk & Western Railway Company against the Pinnacle Coal Company and others presents but a single important question, and this is:' When the *576legislature enacts a statute fixing a maximum rate of freight charges for railroad companies, and afterwards repeals such enactment, has a justice of the peace the jurisdiction, under the pretense of deciding whether such enactment has been repealed, to take cognizance of causes of action arising thereunder, hold such law still in force, and render judgment against alleged offending railroad companies for overcharge of…
2Cases cited4 opinions
- Swinburn v. SmithWest Virginia Supreme Court · 1879
- Bodley v. ArchibaldWest Virginia Supreme Court · 1889
- People v. WebbCalifornia Supreme Court · 1886
- People ex rel. Ducheneau v. Hiram HouseUtah Supreme Court · 1886
3Cited by54 opinions
- State Ex Rel. Carson v. WoodWest Virginia Supreme Court · 1970
- State Ex Rel. Heck's, Inc. v. GatesWest Virginia Supreme Court · 1965
- State v. LewisWest Virginia Supreme Court · 1992
- White Sulphur Springs, Inc. v. RipleyWest Virginia Supreme Court · 1942
- Yates v. Taylor County CourtWest Virginia Supreme Court · 1900
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