Ohio River R'y Co. v. Gibbens

IIolt, J udoe :

By paragraph 6, § 50, e. 54, Code W. Va. p. 519, a railway company may construct its railroad across, along or upon any street or highway; but, if it he in the inhabited portion of the city or incorporated town or village, the company must have the assent of the corporation of such city, town or village, and shall not unnecessarily impair the usefulness of such street. The Ohio River Railroad Company, defendant below, desiring to extend its road down the Ohio river, it became necessary to cross the Little Kana-wha river at the city of Parkersburg, and to this end to build…