Fox v. Baltimore & Ohio Railroad
West Virginia Supreme Court
Lucas, PRESIDENT, furnishes the following statement of the case: This was an action brought by Charles Fox, the defendant in error, in the Circuit Court of Wood county, to recover damages or compensation for permanent injury to his dwelling-house by the construction aud operation of a railway track upon a street in the city of Parkersburg, adjacent thereto.
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Lucas, PRESIDENT, furnishes the following statement of the case: This was an action brought by Charles Fox, the defendant in error, in the Circuit Court of Wood county, to recover damages or compensation for permanent injury to his dwelling-house by the construction aud operation of a railway track upon a street in the city of Parkersburg, adjacent thereto. The declaration is as follows: “ Charles Fox complains of the Baltimore & Ohio Bail-.road Company, a corporation created by the laws of the State of Maryland, which has been summoned to answer,” * * * * “of a plea of trespass on the case,…
1Opinion of the Court
LüCAS, PRESIDENT :
The first error assigned in tliis case is that the court overruled the demurrer to the declaration, and each count thereof.
In order to decide upon this question, as well as upon many other points of controversy arising in this case, it will be convenient and useful to recur bi’iefty to the history of the right and remedy herein invoked. The constitution provides, in sec. 9, Art. Ill: “Private property shall not be damaged or taken for public use without just compensation ; nor shall the same be taken by any company incorporated for the purpose of internal improvement until…
2Cases cited4 opinions
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Gillison v. City of CharlestonWest Virginia Supreme Court · 1880
- Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1882
3Cited by34 opinions
- State v. McCauslandWest Virginia Supreme Court · 1918
- State v. HenryWest Virginia Supreme Court · 1902
- State v. PaulineHawaii Supreme Court · 2002
- Kankakee Park District v. HeidenreichIllinois Supreme Court · 1927
- Thorn v. Addison Bros. & Smith, Inc.West Virginia Supreme Court · 1937
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