Brown v. Western Maryland Railway Co.
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Bill for mandatory injunction by M. M. & D. D. Brown against the Western Maryland Railway Company. Prom; a decree dismmissing the bill on demurrer, plaintiffs appeal.
1Opinion of the Court
Lynch, Judge:
Judged by the prayer of the bill, dismissed on demurrer, of which action plaintiffs complain, the chief objects of this suit were to obtain a mandatory injunction to require defendant, by way of enforcement of an oral contract, to extend one of its yard side tracks about 800 feet, the cost and expense of which plaintiffs contracted to pay upon the condition hereinafter noted, and to furnish the railroad ties necessary therefor; to enjoin defendant from carrying into execution its announced purpose to cause the removal of lumber stacked on its property with defendant’s consent and…
2Cases cited14 opinions
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Pifer v. BrownWest Virginia Supreme Court · 1897
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Miller v. LorentzWest Virginia Supreme Court · 1894
- Lydick v. B. & O. R. R.West Virginia Supreme Court · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Parker v. Knowlton Construction Company, Inc.West Virginia Supreme Court · 1975
- Poultry Producers of Southern California, Inc. v. BarlowCalifornia Supreme Court · 1922
- Thompson v. StuckeyWest Virginia Supreme Court · 1983
- Floyd v. WatsonWest Virginia Supreme Court · 1979
- Everett v. BrownWest Virginia Supreme Court · 1984
6 more not listed; retrieve them via the Exa API.