Baltimore & Ohio Railroad v. Bonafield's Heirs
West Virginia Supreme Court
Error to Circuit Court, Preston County. Condemnation proceedings by the Baltimore & Ohio Railroad Company against A. J. Bonafield’s heirs and others. Both parties objected to the award of commissioners, and, there being judgment for defendants, plaintiff brings error.
1DissentMason, Judge
I am unable to concur in, point 6 of the syllabus, as a rule of law applicable to this case. The propriety of allowing proof of sales of other properties similar to the property to be taken and whose value is being considered, is approved by the weight of authority in this country, although the contrary view is held in some jurisdictions. The authorities all agree that before such comparison can be made, the properties must be similarly situated and the sales must have been made at of this kind is the discovery of common or similar controlling of this kind is the' discovery of eomon or…
2Cases cited14 opinions
- Buckhannon & Northern Railroad v. Great Scott Coal & Coke Co.West Virginia Supreme Court · 1914
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
- Providence & Worcester Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
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