Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.
West Virginia Supreme Court
Error to Circuit Court, Raleigh County. Action by the Chesapeake & Ohio Railway Company against John L. Trail and others. Judgment for plaintiff, and the Deepwater Railway Company brings error.
1Opinion of the Court
POEEENBARGER, JUDGE:
Although, in form, a proceeding by one railroad company, to condemn, for its road bed, a strip of land owned by another railroad company, which purchased said land for its road bed, this case is in realty a controversy between said railroad companies over the question of priority of right to appropriate the strip of land in question; and calls for settlement of the principles governing the rights of rival companies contending for the same location for their respective roads.
The conflict is between a branch line of the Chesapeake and Ohio Railroad, called the Piney Creek…
2Cases cited82 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Turnbull v. PaysonSupreme Court of the United States · 1877
77 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State v. HardenWest Virginia Supreme Court · 1907
- Buckhannon & Northern Railroad v. Great Scott Coal & Coke Co.West Virginia Supreme Court · 1914
- Pittsburgh & West Virginia Gas Co. v. Pentress Gas Co.West Virginia Supreme Court · 1919
- Golconda Northern Railway v. Gulf Lines Connecting RailroadIllinois Supreme Court · 1914
- Somerville v. JacobsWest Virginia Supreme Court · 1969
29 more not listed; retrieve them via the Exa API.