Legal Opinion

Norfolk & Western Railway Co. v. A. C. Allen & Sons

Supreme Court of Virginia

Decided March 21, 1918PublishedCited by 13 opinions

Appeal from a decree of the Circuit Court of Prince Edward county. Decree for complainants. Defendant appeals.

1Opinion of the CourtBurks, J.

The facts of this case .are as follows: Prior to 1901 the railroad company had been taking water from Lockett’s creek with a pump having a five-inch intake and four-inch discharge pipe. About 1901 or 1902 it changed the location of its tank and pumping-station, and also increased the pipes connected with the pump, so as to have a six-inch intake and five-inch discharge pipe. In 1901 the Allens bought a mill site on the creek below the pumping-station and erected thereon and equipped a mill for grinding wheat and com, and sawing lumber. It is not claimed that the water taken from the creek at…

2Cases cited14 opinions

  1. Norfolk & Ocean View Railway Co. v. Consolidated Turnpike Co.Supreme Court of Virginia · 1910
  2. Norfolk & Western Railway Co. v. AllenSupreme Court of Virginia · 1915
  3. McHenry v. City of ParkersburgWest Virginia Supreme Court · 1909
  4. Richmond, Petersburg & Carolina Railroad v. Chamblin & ScottSupreme Court of Virginia · 1902
  5. Virginian Railway Co. v. LondonSupreme Court of Virginia · 1912

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Oresta v. Romano Bros.West Virginia Supreme Court · 1952
  2. P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
  3. Bush v. GaffneyCourt of Appeals of Texas · 1935
  4. Rinehart & Dennis Co. v. BrownSupreme Court of Virginia · 1923
  5. Twohy v. HarrisSupreme Court of Virginia · 1952

8 more not listed; retrieve them via the Exa API.

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