Legal Opinion

Virginia & Truckee Railroad v. Lynch

Nevada Supreme Court

Decided January 15, 1878No. 862Published

Appeal from the District Court, First. Judicial District, Storey County. The facts are stated in the opinion. I. The petition was the proper proceeding in the premises. (Spring Valley Water Worlcs v. San F'ancisco, 22 Cal. 442; S. F. & S. J. B. B. Co. v. Mahoney, 29 Cal. 118; 2 Comp. Laws, 3461, 3462.) II. There can be no claim for compensation on the part of respondent as abutting lot owner, provided the use by appellant be a public use.

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Appeal from the District Court, First. Judicial District, Storey County. The facts are stated in the opinion. I. The petition was the proper proceeding in the premises. (Spring Valley Water Worlcs v. San F'ancisco, 22 Cal. 442; S. F. & S. J. B. B. Co. v. Mahoney, 29 Cal. 118; 2 Comp. Laws, 3461, 3462.) II. There can be no claim for compensation on the part of respondent as abutting lot owner, provided the use by appellant be a public use. (Canal Trustees v. Haven, et al., 11 111. 554; Moses et al. v. Pittsburgh Pi. B. Co., 21 111. 516; New Albany & S..B. B. Co. v. O'Dailey, 12Ind. 551;…

1Opinion of the Court

By the Court,

Hawley, C. J.:

Appellant, pursuant to the provisions of the act entitled “an act to provide for the incorporation of railroad companies and the management of the affairs thereof and other matters relating thereto,” approved March 22, 1865, petitioned the district court of Storey county for the condemnation of certain lands situate on H street, in Virginia city, for the purpose of enabling it to construct a side track and carry on its business for the accommodation of the public, and prayed for the appointment of commissioners to ascertain and assess the compensation for said land.

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2Cases cited4 opinions

  1. Haynes v. ThomasIndiana Supreme Court · 1855
  2. Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
  3. Porter v. North Missouri RailroadSupreme Court of Missouri · 1862
  4. Cal. N. R.R. v. GouldCalifornia Supreme Court · 1862

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