Legal Opinion

Swann v. Washington-Southern Railway Co.

Supreme Court of Virginia

Decided June 11, 1908PublishedCited by 7 opinions

Error to a judgment of the Circuit Court of Alexandria county in a proceeding to condemn an easement in land. Judgment for the petitioner. Defendants assign error.

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Error to a judgment of the Circuit Court of Alexandria county in a proceeding to condemn an easement in land. Judgment for the petitioner. Defendants assign error. The nature of the property sought to be condemned will fully appear from the following extract from the petition for condemnation filed in the trial court: “That Sarah S. Swann and Mary M. Swann own a small body of land at the northeast corner of petitioner’s land bounded on the north by Eour Mile Eun, on the east by the Potomac river, and on the south and west by the body of land belonging to your petitioner and acquired by it as…

1Opinion of the CourtWhittle, J.

Sarah S. Swann and Mary M. Swann bring this case here on writ of error to review the judgment of the Circuit Oourt of Alexandria county, whereby certain easements of rights of way belonging to the plaintiffs in error over the land of the defendant in error, the Washington-Southern Railway Company, were condemned for the use of the company.

The assignments of error are, for the most part, of a character to be affected by extraneous evidence, and not having been made the subject of exception, or bill of exception, in the trial court, cannot, upon familiar principles, be availed of on appeal.…

2Cases cited6 opinions

  1. Seaboard Air Line Railway v. ChamblinSupreme Court of Virginia · 1908
  2. Richmond, Petersburg & Carolina Railroad v. Chamblin & ScottSupreme Court of Virginia · 1902
  3. Ashby v. Bell's Adm'rSupreme Court of Virginia · 1885
  4. Lewis v. WashingtonSupreme Court of Virginia · 1848
  5. Williamson v. ReadSupreme Court of Virginia · 1907

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

3Cited by7 opinions

  1. State Ex Rel. Polson Logging Co. v. Superior CourtWashington Supreme Court · 1941
  2. Krouser v. County of San BernardinoCalifornia Supreme Court · 1947
  3. Sinclair Refining Co. v. BurroughsCourt of Appeals for the Tenth Circuit · 1943
  4. Jeter v. Vinton-Roanoke Water Co.Supreme Court of Virginia · 1913
  5. Laramie Valley Railway Co. v. GradertWyoming Supreme Court · 1931

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

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