Legal Opinion
CSX Transportation, Inc. v. Madison Group, Inc.
District Court, S.D. West Virginia
Decided March 22, 1999No. CIV. A. 2:98-0140PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending is Plaintiffs motion for summary judgment, which has been fully briefed. After careful consideration, the Court GRANTS the motion.
I. FACTUAL BACKGROUND
Plaintiff CSX Transportation, Inc. (“CSXT”) operates a railway line that lies along the Spruce Fork of the Little Coal River in the vicinity of Madison, Boone County, West Virginia. CSXT assumed ownership of the land upon which the track lies in a condemnation proceeding in 1906. CSXT owns 33$ feet on each side of the center of the railroad track.
In 1906, a road crossed Spruce Fork by means…
2Cases cited14 opinions
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- Spradling v. BlackburnDistrict Court, S.D. West Virginia · 1996
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3Cited by1 opinion
- Scites v. MarcumWest Virginia Supreme Court · 2002