Chesapeake & Ohio Railway Co. v. Lane

Lively, Judge:

This is a suit to condemn land for railroad purposes, and involves a taking of 3.63 acres out of a tract of about 23 acres, at Second Creek Tunnel of the C. & 0. Railroad Company in Greenbrier county, which tract adjoins the right of way of the railroad in a crescent shape for a distance of about one-half mile on the northeast side of the railroad right of way. The title to the tract is held by Lane, trustee for bene- fieial owners named as defendants. The land consists of a cliff of limestone rock of little practical value except for quarry purposes, the back line of which runs…