Cincinnati, N. O. & T. P. Ry. Co. v. Morgan County
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee.
1Opinion of the Court
BURTON, Circuit Judge.
This is a bill filed to prevent the county of Morgan, one of the counties of Tennessee, from establishing a highway crossing, at grade, over the tracks of the complainant railroad company at or near the village of Oakdale in said county.
At the locus in quo the Emery river and railroad run parallel to each other. To reach the railroad at Oakdale, Emery river has to be crossed, and this had theretofore been done at a ford. Thougn generally shallow and fordable, Emery river is a mountain stream, and when swollen by unusual rains becomes unfordable. To give a large part of…
2Cases cited7 opinions
- Wabash Railroad v. DefianceSupreme Court of the United States · 1897
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1881
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
- State v. Justices of Wayne CountyTennessee Supreme Court · 1902
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3Cited by1 opinion
- Union Ry. Co. v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1913