Jones v. Newport News & M. V. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. Action by H. M. Jones against the Newport News & Mississippi Yalley Company for injury to and discontinuance of a railroad switch to plaintiff’s warehouse. A demurrer was sustained to that part of the petition which claimed damages for discontinuance of the switch, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the District of Kentucky. Action by H. M. Jones against the Newport News & Mississippi Yalley Company for injury to and discontinuance of a railroad switch to plaintiff’s warehouse. A demurrer was sustained to that part of the petition which claimed damages for discontinuance of the switch, and plaintiff brings error. H. M. Jones, the plaintiff in error and tile plaintiff below, filed two petitions in ordinary in the Caldwell circuit court of Kentucky against the Newport News & Mississippi Valley Company, a corporation organized under the…
1Opinion of the CourtTaft, Circuit Judge
(after stating tte facts). Plaintiff bases Ms claim for damages — First, on the violation of an alleged common-law duty; and, second, on the breach of a contract.
1. The proposition put forward on plaintiff’s behalf is that when a railroad company permits a switch connection to be made between its line and the private warehouse of any person, and delivers merchandise over it for years, it becomes part of the main line of the railroad, and cannot be discontinued or removed, and this on common-law principles and without the aid of a statute. It may be safely assumed that the common law imposes…
2Cases cited8 opinions
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
- Green v. ObergfellCourt of Appeals for the D.C. Circuit · 1941
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Sheets v. Vandalia Railway Co.Indiana Court of Appeals · 1920
- Scheller v. Tacoma Railway & Power Co.Washington Supreme Court · 1919
29 more not listed; retrieve them via the Exa API.