Wheeling & Belmont Bridge Co. v. Wheeling Bridge Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE APPEALS OE THE STATE 'OE VIRGINIA. This was a motion to dismiss or affirm. The case was thus stated by the court.
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ERROR TO THE SUPREME COURT OE APPEALS OE THE STATE 'OE VIRGINIA. This was a motion to dismiss or affirm. The case was thus stated by the court. This was a proceeding commenced by petition in a court of West Virginia by the Wheeling Bridge Company, a corporation under the laws of that State, to condemn for its use a parcel of ground owned by the Wheeling and Belmont Bridge Company, a corporation formed under the laws of Virginia, of which the territory composing West Virginia was then a part. The petitioner represented that it was created a corporation for the purpose of constructing and…
1Opinion of the CourtJustice Field
The defendant in error, the plaintiff below, moves in the alternative to dismiss the appeal on the ground that the judgment recovered is not final, or to affirm the judgment on the ground of the manifest insufficiency of the errors assigned. The essential points of contention in the case related to the necessity of the property for the purpose of the petitioner, and to its necessity to the defendant for the proper exercise of its franchise. The judgment for the condemnation was conclusive upon both particulars. . A right to condemn, as held by the Supreme Court of the State, is to.be…
2Cases cited3 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Fanning v. GregoireSupreme Court of the United States · 1854
3Cited by32 opinions
- Tennessee Electric Power Co. v. Tennessee Valley AuthoritySupreme Court of the United States · 1939
- Tyler v. Judges of the Court of RegistrationSupreme Court of the United States · 1900
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- Great Western Telegraph Co. v. BurnhamSupreme Court of the United States · 1896
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