West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1881-07-20
POINTS DECIDED.

1. Sufficient ground is shown in
the bill for the interference Of a
court of equity. The object Of the
suit is to obtain a specific perform
ance of the contract of 1S47, be-
tween the city and the B. & O. com
pany, as modified by the subsequent
agreement in 1852. For this pur-
pose it becomes necessary to fix the
boundaries of the premises south Of
Wheeling Creek, which the Rail
Road company has the right to de-
mand from the city under the con-
tract of the city to secure for the
company the right Of way through
the city to the depot grounds north
Of the creek, and also the top of the
river and creek banks on the prop
erty north of the creek bought by
the company for depot purposes, af-
ter the company had completed the
improvement Of the property accor-
ding to the plan contemplated.
2. The city was not released by
the agreement in 1852 from its OBJ
legations under the contract Of 1917
to secure to the company the right
of way to its depot grounds, and the
contract bound the city to furnish
the right of way to the grounds
north of the creek which were actu-
ally selected and occupied by the
company for that purpose.
3. The act of Virginia authori-
zing the B. & O. company to con-
struct its road in that State, permit
ted the company to enter upon and
take property not exceeding eighty
feet in width except in deep cuts
and filings, but before any pro
ceedings for actual condemnation
could be instituted, the company
was required to describe by certain
limits, what they desired to occupy.
4. The company never at any
time before 1879, furnished the city
with any statement in writing
showing the limits of the land it
desired to have secured for the right
of way to its depot grounds, but in
the construction Of its road, as ear
ly as 1852 or 1858, it actually enter
ed on and took possession Of Il part
of Water street south of the creek.
Very soon after this entry was
made the company laid down two
tracks running the entire length
of the street from the depot build
ings to the south line of the city
One Of these tracks was used for run
ming trains and the other as sid
ing. Not long afterwards a third
track was laid down in the street
west of the other two, and extend
ing from a switch in the track at
the siding at Dist street, to the south
line of the city, Other tracks were
also constructed, leading from the
main track and original siding at
several points above Dist street to
and across the bridge over the creek
and the depot grounds above Some
time afterwards, but not a great
while, switch was put in the orig
inal siding some distance above
22d street, and a spur track built a
short distance in southerly direc-
ton therefrom This track as orig
inally built extended near to the
westerly line of Water street, and
perhaps a very little beyond and
on to land which belonged to the
city, At the end of this track a
small building was erected for tool
house and small repair shop. The
track was used for standing passen-
ger cars, washing them, and max
ing such ordinary repairs as were
from time to time needed. In or
about the year 1865 the original
building at the end Of this track
became unfit for use, and the COM
pany asked and obtained permits
sion Of the city to take it down and
erect new one in its place.
No objection was ever made by
the city to the use Of the street and
other property of the city
by the company to this extent,
and the grant Of the right of way
by the city to the P w. & Ky. COM
pany does not interfere in any man
ner with the use of these tracks by
the B. & O, company.
Inor about the year 1871 OF 1872