The Federal Reporter: With Key-Number Annotations ..., volume 163
The Federal Reporter: With Key-Number Annotations ..., volume 163
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In our eReader you can find the full English version of the book. Read The Federal Reporter: With Key-Number Annotations ..., volume 163 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Federal Reporter: With Key-Number Annotations ..., volume 163
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» It is to be noted that while Poffenbarger, J., who wrote the opinion in the first case, concurs in this one by McWhorter, J., that injunction will not lie, he decidedly objects to its logical conclusion that, under the seventh clause of section 2343 (chapter 54, § 50), the com- pany desiring the crossing can go on and fix its location and char- acter, then go into the law court, and have it condemned where and as it wants it as a matter of right, regardless wholly of the rights of the company... owning, in possession of, and using the land.
For my part, in view of the conflict in these two decisions by the same court and the same judges, these two being the only ones, I feel free as a federal judge under well-settled principles laid down by the Supreme Court to guide me in such cases to wholly reject the prin- ciples laid down in this case of Grafton & Belington R. R. Co. v. Buck- hannon & Northern R. R. Co., and hold in accordance with those of the Railroad Co. v. Traction Co. that the right to condemn at law a cross- ing as provided by clause 7 of section 2343 is inchoate, and cannot in case of disagreement of parties be enforced until the location and char- Digitized by Google J BLKIN8 ELECTRIC RT.
What to read after The Federal Reporter: With Key-Number Annotations ..., volume 163?
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To quickly assess the difficulty of the text, read a short excerpt:
» It is to be noted that while Poffenbarger, J., who wrote the opinion in the first case, concurs in this one by McWhorter, J., that injunction will not lie, he decidedly objects to its logical conclusion that, under the seventh clause of section 2343 (chapter 54, § 50), the com- pany desiring the crossing can go on and fix its location and char- acter, then go into the law court, and have it condemned where and as it wants it as a matter of right, regardless wholly of the rights of the company... owning, in possession of, and using the land.
For my part, in view of the conflict in these two decisions by the same court and the same judges, these two being the only ones, I feel free as a federal judge under well-settled principles laid down by the Supreme Court to guide me in such cases to wholly reject the prin- ciples laid down in this case of Grafton & Belington R. R. Co. v. Buck- hannon & Northern R. R. Co., and hold in accordance with those of the Railroad Co. v. Traction Co. that the right to condemn at law a cross- ing as provided by clause 7 of section 2343 is inchoate, and cannot in case of disagreement of parties be enforced until the location and char- Digitized by Google J BLKIN8 ELECTRIC RT.
What to read after The Federal Reporter: With Key-Number Annotations ..., volume 163?
You can find similar books in the "Read Also" column, or choose other free books by United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court to read onlineMoreLess
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