Waynesburg Southern Railroad Company v. Lemley

Capean, Judge:

In an action instituted in the Circuit Court of Monongalia County the plaintiff, Waynesburg Southern Railroad Company, a corporation, sometimes herein referred to as Waynesburg, sought to acquire by eminent domain a certain easement hereinafter more fully described. It was the judgment of the trial court, as noted in its order entered on May 9, 1970, that Waynesburg “has the right to condemn the easement in question” and that it is permitted “to take possession of, appropriate and use the easement sought to be condemned for the purposes stated in the petition, to-wit: To build a…