Island Creek R. R. v. Logan & Southern Ry. Co.
West Virginia Supreme Court
Appeal from and error to Circuit Court, Logan County. Bill in equity by the Island Creek Railroad Company against tlie Logan & Southern Railway Company. From a decree for defendant, plaintiff appeals. Condemnation proceedings by the Logan & Southern Railway Company against the Island Creek Railroad Company. From a judgment for plaintiff, defendant brings error.
1Opinion of the Court
MilleR, Judge:
The bill of the Island Greek Railroad Companj’, which on demurrer was dismissed, for want of equity, sought: First, to enjoin the Logan & Southern Railway Company, from prosecuting its proceeding at law to condemn a crossing at grade over plaintiff's railroad, at two points proposed in its petition: Second, to require the Logan & Southern Company, to construct and maintain an overhead crossing, over its track, in place of the proposed grade crossings: Third, to have the court fix the place, plans and specifications, and the terms upon which such overhead crossing should be made,…
2Cases cited12 opinions
- Shields v. BennettWest Virginia Supreme Court · 1874
- Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904
- Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1888
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
- Hawkins v. BareWest Virginia Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Steubenville, East Liverpool & Beaver Valley Traction Co. v. Pittsburgh, Cincinnati, Chicago & St. Louis RailroadWest Virginia Supreme Court · 1928