City of Elkins v. Elkins Electric Railway Co.
West Virginia Supreme Court
Error to Circuit Court, Randolph. County. Action by the City of Elkins against the Elkins Electric •Railway Company and others. Verdict and judgment for plaintiff, and defendants bring -error.
1Opinion of the Court
Ritz, Judge:
The defendant, Elkins Electric Railway Company, for some reason not apparent, desiring to abandon a part or the whole of its system and remove its tracks from the streets of the city of Elkins, procured leave from the council of that city to do so upon condition that it execute a bond in the penalty of five thousand *352dollars, conditioned to replace the street paving and put the same in as good condition as it ivas before the removal of the tracks. One J. C. McSpadden was the president of the railway company and the owner of about ninety-five per cent, of its stock. All of the…
2Cases cited9 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Virginia Fire & Marine Ins. v. WellsSupreme Court of Virginia · 1887
- Hurst Hardware Co. v. GoodmanWest Virginia Supreme Court · 1910
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3Cited by3 opinions
- Prete v. Royal Globe InsuranceDistrict Court, N.D. West Virginia · 1982
- Mills v. Indemnity Insurance Co. of North AmericaWest Virginia Supreme Court · 1929
- American Surety Co. v. McSpaddenSuperior Court of Pennsylvania · 1925