Legal Opinion

City of McMechen v. Wheeling Traction Co.

West Virginia Supreme Court

Decided January 17, 1922PublishedCited by 2 opinions

Certified Question from Circuit Court, Marshall County. Application by the City of McMechen and others for a writ of mandamus against the Wheeling Traction Company, in which the respondent’s return to the alternative writ of mandamus was found insufficient, and questions certified.

1Opinion of the Court

Ritz, Judge:

The question involved on this certificate is the propriety of the ruling of the circuit court holding the return of the respondent to an alternative writ of mandamus to be insufficient. „

In the year 1893 the county court of Marshall county granted to the predecessor of the respondent a franchise authorizing the construction and operation of a street railway over the public road leading from Bemvood in said county of Marshall to Moundsville, the county seat thereof, which contained, among other conditions and stipulations, the following: Whenever the said railway company shall use…

2Cases cited2 opinions

  1. Cavender v. City of CharlestonWest Virginia Supreme Court · 1907
  2. White v. County CourtWest Virginia Supreme Court · 1915

3Cited by2 opinions

  1. Weaver v. Wheeling Traction Co.West Virginia Supreme Court · 1922
  2. Broun v. City of CharlestonWest Virginia Supreme Court · 1935

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