B. & O. Railroad v. P. W. & Ky. Railroad
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Ohio, rendered on the 24th day of April, 1880, in an action in said court then pending, upon writ of error to the judgment of the county court, wherein The Pittsburg, Wheeling & Kentucky Railroad Company was plaintiff, and The Baltimore & Ohio Railroad Company was defendant, allowed on the petition of said defendant.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Ohio, rendered on the 24th day of April, 1880, in an action in said court then pending, upon writ of error to the judgment of the county court, wherein The Pittsburg, Wheeling & Kentucky Railroad Company was plaintiff, and The Baltimore & Ohio Railroad Company was defendant, allowed on the petition of said defendant. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of. Johnson, Judge, furnishes the following statement of the case : On the first day of September, 1879, the…
1Judgment of the CourtJohnson, Judge
This is a proceeding instituted in the county court of Ohio county for the condemnation of certain land belonging to the Baltimore & Ohio Railroad Co. for the use of the petitioner in constructing an extension of its railroad. It is a proceeding under chapter 88 of the Acts of 1872-3, of which proceeding the county court alone had original jurisdiction. Chesapeake & O. R. R. Co. v Hoard, 16 W. Va.
Section 18 of said chapter 88, among other things provides, that “the court of any county, wherein the land or material to be taken may be, upon application therefor shall appoint five disinterested…
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3Cited by89 opinions
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