Legal Opinion

Norfolk & Western Railway Co. v. Obenchain

Supreme Court of Virginia

Decided November 21, 1907PublishedCited by 7 opinions

Appeal from a decree • of the Circuit Court of Botetourt county. Decree for complainant. Defendant appeals.

1Opinion of the Court

Harrison J.,

delivered the opinion of the court.

This hill in chancery was filed by the appellee, D. C. Obenchain, against the appellant and J ames Mundy, to have restored a certain water right alleged to have been obstructed by a wide and high fill made by the Norfolk & Western Railway Company over the route of the race and trunk, formerly used in conducting the water over the right of way granted by J. J. Echols to the Shenandoah Yalley Railroad Company in August, 1881. The complainant claims that he owns this water right, and is entitled to have it flow from its source, unobstructed, to his…

2Cases cited1 opinion

  1. Watts v. C. I. Johnson & Bowman Real Estate Corp.Supreme Court of Virginia · 1906

3Cited by7 opinions

  1. Cushman Virginia Corporation v. BarnesSupreme Court of Virginia · 1963
  2. United States v. Parkway Towers, Inc.District Court, E.D. Virginia · 1968
  3. Norfolk & Western Railway Co. v. MundySupreme Court of Virginia · 1909
  4. Scott v. BlackWest Virginia Supreme Court · 1923
  5. Forbush v. PoeWarren County Circuit Court · 1986

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