Metropolitan Railroad v. District of Columbia
Supreme Court of the United States
APPEAL PROM AND IN ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. Upon this record the Metropolitan Railroad Company seeks, both by appeal and writ of error, to obtain a review of the action of the Court of Appeals of the District of Columbia, affirming an order of the Supreme Court of the District, which order sustained an award against the company, contained in the verdict of a jury rendered in condemnation proceedings, under an act of Congress. 31 Stat. 668.…
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APPEAL PROM AND IN ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. Upon this record the Metropolitan Railroad Company seeks, both by appeal and writ of error, to obtain a review of the action of the Court of Appeals of the District of Columbia, affirming an order of the Supreme Court of the District, which order sustained an award against the company, contained in the verdict of a jury rendered in condemnation proceedings, under an act of Congress. 31 Stat. 668. The statute referred to is entitled “An act authorizing and requiring the Metropolitan Railroad Company to extend its…
1Opinion of the CourtJustice White
•Assuming that the matters complained of are susceptible of review by this court, the first question is whether our jurisdiction is dependent upon the appeal or the writ of error. ■
That a proceeding involving the exercise of the power of . eminent domain is essentially but the assertion of a right legal in its nature has been determined. So also the decisions of this court have settled that a condemnation proceeding initiated before a court, conducted under its supervision, with power to review and set aside the verdict of the jury, and with the right of review vested- in an appellate…
2Cases cited11 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- Clune v. United StatesSupreme Court of the United States · 1895
- Chappell v. United StatesSupreme Court of the United States · 1896
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Searl v. School District No. 2Supreme Court of the United States · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Welch v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1939
- Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
- Bailey v. United StatesCourt of Appeals for the Tenth Circuit · 1934
- Carino v. Insular Government of Philippine IslandsSupreme Court of the United States · 1909
- Chicago Great Western R. v. ValleyCourt of Appeals for the Eighth Circuit · 1916
37 more not listed; retrieve them via the Exa API.