Lydick v. B. & O. R. R.
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Marshall, rendered on the 3d day of July, 1878, in a suit in said court then pending, wherein Jesse Lydick was plaintiff and the Baltimore and Ohio Railroad Co. was defendant, allowed upon the petition of said defendant. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of.
Read the full summary
Writ of error and supersedeas to a judgment of the circuit court of the county of Marshall, rendered on the 3d day of July, 1878, in a suit in said court then pending, wherein Jesse Lydick was plaintiff and the Baltimore and Ohio Railroad Co. was defendant, allowed upon the petition of said defendant. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of. Green, President, furnishes the following statement of the case; The plaintiff, Jesse Lydick, in 1876 brought his action of assumpsit in the county court of Marshall county. His declaration was filed at…
1Opinion of the Court
Green, PRESIDENT,
announced the opinion of the Court:
The only question presented by the record in this case is: Was the declaration in this case fatally defective on general demurrer? In considering this question we must determine, what was the character of the contract made by Edward Hogan with the defendant, that in consideration of his granting it a right of way through his farm it would construct and maintain forever for the use and benefit of a mill on his farm and for its present and future owners a railroad switch connecting its road with the door of themill. We will first consider what…
2Cases cited11 opinions
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Allen v. CulverNew York Supreme Court · 1846
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Buenemann v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Demarest v. WillardNew York Supreme Court · 1828
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Whalen v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1908
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Hurxthal v. Boom Co.West Virginia Supreme Court · 1903
- Town of Cameron v. HicksWest Virginia Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.