Legal Opinion · Dissent

Cacey v. Virginian Ry. Co.

Court of Appeals for the Fourth Circuit

Decided October 6, 1936No. 4048Published

1DissentParker, Circuit Judge

The crossing steps involved in this litigation were constructed because the plaintiff railway company laid its track through Matoaka, W. Va., in such way as to separate a large part of the mining village of the Pawama Coal & Coke Company from the town. The steps were built by the coal company in order that its employees and tenants might have more convenient access to the town from which they had been separated by the construction of the tracks. After they had been built, the railway company required the execution of a dollar-a-year encroachment lease for the property on which they were…

2Cases cited11 opinions

  1. Buckeye Cotton Oil Co. v. Louisville & NR Co.Court of Appeals for the Sixth Circuit · 1928
  2. Cleveland v. City of BangorSupreme Judicial Court of Maine · 1895
  3. North American Ry. Const. Co. v. Cincinnati Traction Co.Court of Appeals for the Seventh Circuit · 1909
  4. Southern Bell Telephone & Telegraph Co. v. Mayor of MeridianCourt of Appeals for the Fifth Circuit · 1935
  5. United States v. WallaceCourt of Appeals for the Ninth Circuit · 1927

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