Legal Opinion

Postal Telegraph Cable Co. v. N. & W. R. R.

Supreme Court of Virginia

Decided March 24, 1892PublishedCited by 15 opinions

Error to judgment of circuit court of Prince George county, rendered September 3d, 1891, in a proceeding in the county court of said county by the plaintiff in error, the Postal Telegraph Cable Company, to condemn the land of the Norfolk and ’Western Eailroad Company, for the use of the plaintiff in error, in erecting its line upon the right of way of the railroad company. This is sequel to Postal Tel.

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Error to judgment of circuit court of Prince George county, rendered September 3d, 1891, in a proceeding in the county court of said county by the plaintiff in error, the Postal Telegraph Cable Company, to condemn the land of the Norfolk and ’Western Eailroad Company, for the use of the plaintiff in error, in erecting its line upon the right of way of the railroad company. This is sequel to Postal Tel. C. Co. v. N. & W. R. R. Co., 87 Va. 349. When the case went back for further proceedings, the county court fixed a day for the commissioners to act in the condemnation proceedings to ascertain…

1Opinion of the CourtLacy, J.

The error assigned by the plaintiff in error is that the circuit court erred in reversing the order of the county court in the premises, it being plainly right, proper, and justified by the law, which had been strictly followed in all the proceedings in the said county court. The county court held that by virtue of Code of Virginia, §§ 1287-1290, the Postal Telegraph Cable Company acquired the right to enter upon the right of way, road-bed and lands of the Uorfolk and Western Railroad Company, and by regular condemnation proceedings in the county court of that county take such laud of the…

2Cases cited3 opinions

  1. Maillard v. LawrenceSupreme Court of the United States · 1854
  2. Arthur v. MorrisonSupreme Court of the United States · 1878
  3. Watt v. StarkeSupreme Court of the United States · 1880

3Cited by15 opinions

  1. St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
  2. Posey v. CommonwealthSupreme Court of Virginia · 1918
  3. Orr Ditch & Water Co. v. Justice Court of Reno TownshipNevada Supreme Court · 1947
  4. Postal Telegraph-Cable Co. v. Farmville & Powhatan RailroadSupreme Court of Virginia · 1899
  5. Chesapeake & Ohio Railway Co. v. HewinSupreme Court of Virginia · 1929

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