Legal Opinion

Kelley's Creek & Northwestern Railroad v. United States

United States Court of Claims

Decided October 4, 1943No. 44631PublishedCited by 15 opinions

1Opinion of the Court · WhitakerWhitaker, Judge

This is a suit for the taking of plaintiffs’ land and for damage to plaintiffs’ coal tipple.

The plaintiff, Kelley’s Creek & Northwestern Railroad Company, is a subsidiary of plaintiff, Kelley’s Creek Colliery Company. At the time this cause of action arose the colliery company operated a coal mine in Kanawha County, West Virginia, and the railroad company was engaged in transporting the coal from the mine to a tipple at the river’s edge where it was dumped in barges and transported down the river.

The railroad company had a lease for fifty years on a four-acre tract near the-mouth of Kelley’s…

Also in this document: Opinion of the Court · Whitakee.

2Cases cited22 opinions

  1. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  2. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
  3. United States v. CressSupreme Court of the United States · 1917
  4. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  5. Union Bridge Co. v. United StatesSupreme Court of the United States · 1907

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3Cited by15 opinions

  1. Loesch v. United StatesUnited States Court of Claims · 1981
  2. Goose Creek Hunting Club, Inc. v. United StatesUnited States Court of Claims · 1975
  3. United States v. DickinsonCourt of Appeals for the Fourth Circuit · 1946
  4. Baskett v. United StatesUnited States Court of Claims · 1985
  5. Banks v. United StatesUnited States Court of Federal Claims · 2011

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