Walsh v. Columbus, Hocking Valley & Athens Railroad
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE -STATE OF OHIO. This was a petition filed in the Court of Common Pleas of Franklin County, Ohio, by the plaintiff Walsh, to enjoin the defendant railroad company from entering upon the property of the Lancaster Lateral Canal Company, and upon plaintiff’s premises, and from constructing a railroad thereon, and for a decree declaring a certain act of the General Assembly of Ohio giving it permission to do so to be null and void.
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ERROR TO THE SUPREME COURT OF THE -STATE OF OHIO. This was a petition filed in the Court of Common Pleas of Franklin County, Ohio, by the plaintiff Walsh, to enjoin the defendant railroad company from entering upon the property of the Lancaster Lateral Canal Company, and upon plaintiff’s premises, and from constructing a railroad thereon, and for a decree declaring a certain act of the General Assembly of Ohio giving it permission to do so to be null and void. The case was determined upon demurrer to the petition, which set forth, substantially, the following facts: On February 4,1825, the…
1Opinion of the CourtJustice Brown
•1. Motion was made to dismiss the writ of error in this case for want of a Federal question. The decision of this motion was postponed to the merits, and we are now of opinion that it must be denied.
The position of the plaintiff is that, the act • of Congress of May 24, 1828, granting to the State of Ohio 500,000 acres of land for the construction of canals, and providing that such canals, “ when completed or used, shall be, and forever remain, public highways, for the use of the Government of the United States,” and the acceptance thereof, by the General Assembly, constitute a contract by…
2Cases cited15 opinions
- McCullough v. VirginiaSupreme Court of the United States · 1898
- The People v. . KerrNew York Court of Appeals · 1863
- New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
- Jefferson Branch Bank v. SkellySupreme Court of the United States · 1862
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
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3Cited by18 opinions
- Barbara Elizabeth Lawson v. Life of the South Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2011
- Stearns v. MinnesotaSupreme Court of the United States · 1900
- State Ex Rel. Porterie v. WalmsleySupreme Court of Louisiana · 1935
- Shaw v. FoxCourt of Appeals of Kentucky (pre-1976) · 1932
- Kitsap County v. City of BremertonWashington Supreme Court · 1955
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