Legal Opinion

Railroad Co. v. Foreman

West Virginia Supreme Court

Decided September 27, 1884PublishedCited by 22 opinions

Green, Judge, furnishes the following statement of the case: This was a proceeding under chapter 18 of the Acts of 1881, instituted by the Grafton and Greenbrier Railroad Company to take portions of the lands of numerous persons in Taylor county, through -which said railroad would run.

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Green, Judge, furnishes the following statement of the case: This was a proceeding under chapter 18 of the Acts of 1881, instituted by the Grafton and Greenbrier Railroad Company to take portions of the lands of numerous persons in Taylor county, through -which said railroad would run. The land so taken was, as the application states, to be taken as the road-bed of said railroad; and ten days’notice that said railroad company would apply to the circuit court of Taylor county to appoint commissioners to ascertain what would he a just compensation to these persons for the land proposed to be…

1Opinion of the Court

Green, Judge:

Before considering the merits of the case, we- must first determine whether this Court has jurisdiction. It is claimed that so far as the plaintiff in error is concerned, the amount in controversy is fifty dollars, as the plaintiff in error by paying the throe hundred and fifty dollars into court admitted its liability.for that amount, and the matter in contest now in this Court is only the amount of the judgment for the excess over this three hundred and fifty dollars assessed by the jury, that is, fifty dollars. The amount in controversy in this Court determines, it is true,…

2Cases cited10 opinions

  1. Seabright v. SeabrightWest Virginia Supreme Court · 1886
  2. Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
  3. Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
  4. Rymer v. HawkinsWest Virginia Supreme Court · 1881
  5. Cairo & St. Louis Railroad v. WoosleyIllinois Supreme Court · 1877

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
  2. Blair v. City of CharlestonWest Virginia Supreme Court · 1896
  3. Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
  4. Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
  5. Kay v. Glade Creek & R. R.West Virginia Supreme Court · 1900

17 more not listed; retrieve them via the Exa API.

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