Norfolk & Western Ry. Co. v. Gale

By the Court.

The ultimate question in this case is frankly stated in the brief of counsel for defendants in error, as follows:

“If at this time' the court should definitely rule that these property owners are not entitled to compensation in the event that the Railway Company does actually invade Eastgate and violate these valuable restrictive covenants, these property owners will be compelled to invoke the protection of the Constitution of the United States and the Supreme Court of the United States.”

In view of the fact that this paramount question must be ultimately determined in this…