B. & N. R. R. v. Town of Alston
West Virginia Supreme Court
Appeal from Circuit Court, Barbour County. Bill by the Belington & Northern Railroad Company, against the town of Alston. Decree for plaintiff, and defendant appeals.
1Opinion of the Court
Dent, Judge:
The Town of. Alston appeals from a decreee of the circuit court of Barbour county perpetuating an injunction awarded at the instance of the Belington and Northern Railroad Company inhibiting the officers of such town from repealing certain *598orders of the common council of said town granting the plaintiff a right of way through certain of its streets, and from tearing up and removing the- tracks of the plaintiff put down in pursuance of such right of way. Appellant insists that such orders are void because the notice required by chapter 29, Acts 1901, was not given before such…
2Cases cited5 opinions
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Chicago City Railway Co. v. People ex rel. StoryIllinois Supreme Court · 1874
- Mills v. ParlinIllinois Supreme Court · 1883
- Parlin v. MillsAppellate Court of Illinois · 1882
3Cited by8 opinions
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- State ex rel. Battle v. HerefordWest Virginia Supreme Court · 1963
- Chesapeake & Potomac Telephone Co. v. City of MorgantownWest Virginia Supreme Court · 1959
- Reynolds Taxi Co. v. HudsonWest Virginia Supreme Court · 1927
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