Legal Opinion

Richmond, Petersburg & Carolina Railroad v. Chamblin & Scott

Supreme Court of Virginia

Decided June 12, 1902PublishedCited by 24 opinions

Error to a judgment of the Hustings Court of the city of Richmond, rendered March 18, 1901, in a condemnation wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants. This is a proceeding to condemn land for the purposes of a railroad company. The report of the commissione"3 to assess damages is set forth in the opinion of the court.

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Error to a judgment of the Hustings Court of the city of Richmond, rendered March 18, 1901, in a condemnation wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants. This is a proceeding to condemn land for the purposes of a railroad company. The report of the commissione"3 to assess damages is set forth in the opinion of the court. On the hear-Yol. ing, tli© Hustings Court was of opinion .that so much of the report as provides that the property mentioned therein should be acquired on the condition therein specified was irrelevant, null and void,…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

The Richmond, Petersburg & Carolina Railroad Company presented its petition to the Hustings Court of the city of Richmond, from which it appears that it is a corporation organized under the laws of this State; that it is engaged in constructing a railroad through the city of Richmond, and that it is necessary for that purpose to acquire certain land belonging to Ohamblin & Scott, which is more fully described in a notice and plat accompanying the petition; that it has been unable to come to an agreement as to its purchase, and therefore asks for…

2Cases cited2 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. Boom Co. v. PattersonSupreme Court of the United States · 1879

3Cited by24 opinions

  1. Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
  2. Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
  3. Buckhannon & Northern Railroad v. Great Scott Coal & Coke Co.West Virginia Supreme Court · 1914
  4. Appalachian Electric Power Co. v. GormanSupreme Court of Virginia · 1950
  5. Gauley & Eastern Railway Co. v. ConleyWest Virginia Supreme Court · 1919

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