City of Charlottesville v. Southern Railway Co.
Supreme Court of Virginia
Appeal from a decree of the Corporation Court of the city of Charlottesville, pronounced October 22, 1898, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants.
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Appeal from a decree of the Corporation Court of the city of Charlottesville, pronounced October 22, 1898, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants. The object of this suit was to enjoin the appellees from continuing an encroachment upon a street of the appellant, and to compel them to widen the approach to an overhead bridge built by them, and also to widen the bridge to conform to the original width of the street as established by law before such encroachment.
1Opinion of the CourtBuchahah, J.
The litigation in this case grows out of the construction of a railroad across a public highway about the year 1880. The terms and conditions upon which such a crossing could then be made are found in sec. 25 of ch. 56 of the Code of 1873, afe amended by act of February 2, 1875 (Acts 1874-’5, p. 47). That section provided that if any railroad, turnpike, or canal company deemed it necessary, in the construction of< its work, to cross any other railroad, turnpike, or canal, or any State or county road, it might do so, “ provided its work be so constructed as not to impair the safety or impede…
2Cases cited3 opinions
- Cooke v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Jones v. Erie & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1895
- Roberts v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
3Cited by13 opinions
- Board of Supervisors v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1916
- Virginian Railway Co. v. FarrSupreme Court of Virginia · 1927
- Norfolk & Western Railway Co. v. JamesSupreme Court of Virginia · 1927
- Richmond, Fredericksburg & Potomac Railroad v. City of RichmondSupreme Court of Virginia · 1926
- Carolina, Clinchfield & Ohio Railway v. Board of SupervisorsSupreme Court of Virginia · 1909
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