West Virginia Transportation Co. v. Volcanic Oil & Coal Co.
West Virginia Supreme Court
This was a notice of a motion, filed and docketed in the circuit court of Wood county, on the 15th of December, 1868. The notice filed by the Transportation Company to the Oil and Coal Company, ivas that the former would require the right of way on and sixty feet square of grounds belonging to the latter, for a pumping station; and that having been unable to agree with the Oil and Coal Company on terms of purchase of right of way on its lands, and also the feo simple of the…
Read the full summary
This was a notice of a motion, filed and docketed in the circuit court of Wood county, on the 15th of December, 1868. The notice filed by the Transportation Company to the Oil and Coal Company, ivas that the former would require the right of way on and sixty feet square of grounds belonging to the latter, for a pumping station; and that having been unable to agree with the Oil and Coal Company on terms of purchase of right of way on its lands, and also the feo simple of the sixty feet square, the former company would apply to the circuit court of Wood county for the appointment of five…
1Opinion of the CourtMoore, J.
It has been decided time and time again, and is therefore settled by the best authority, that the construction, of railroads, turnpikes, canals, ferries, telegraphs, wharves,, basins, &c.., creating the necessary facilities for intercommunication, constitutes what is generally known by the name of internal improvements, and gives occasion for the exercise of the right of eminent domain. It has been held that railways are but improved highways, and are of such public use as to justify the exercise of eminent domain. (Redfield on Railways, title Eminent Domain, § 2 and notes.) Judge Cooley, in…
2Cited by18 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
- Hockett v. StateIndiana Supreme Court · 1886
- Carnegie Natural Gas Co. v. SwigerWest Virginia Supreme Court · 1913
- State ex rel. Corwin v. Indiana & Ohio Oil, Gas, & Mining Co.Indiana Supreme Court · 1889
13 more not listed; retrieve them via the Exa API.