Legal Opinion · Dissent

Caretta Railway Co. v. Virginia-Pocahontas Coal Co.

West Virginia Supreme Court

Decided April 26, 1907Published

Error to Circuit Court, McDowell County. Action by the Caretta Railway Company against the Virginia-Pocahontas Coal Company and others. From a judgment in favor of defendants, plaintiff brings error.

1Dissent

BRAhuou, Judge,

(dissenting.)

From the evidence it appears The Caretta Railway Company was incorporated by this state to construct a railroad from the mouth of Barranshe creek to the Poplar Fork of Barranshe creek, a distance of only two miles; that the road, for at least half its length, runs through land of the Yirginia Pocahontas Coal Company, a corporation; that the said coal company there owns a body of 15,000 acres of coal and timber land; that the railroad has one terminus on the Iaeger and Southern Railway, known as the Dry Fork Branch of the Norfolk and Western Railway, and the other…

2Cases cited3 opinions

  1. Fallsburg, &c. Co. v. AlexanderSupreme Court of Virginia · 1903
  2. F. R. B. Cemetery Ass'n v. ReddWest Virginia Supreme Court · 1889
  3. State v. KoontzWest Virginia Supreme Court · 1888

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