Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-06-19

| INJUNCTION III DISSOLVED
And the Work Of Construction May
Proceed without Further Delay
wheeling Parties Interested in the
Cnse-Other Matters Disposed of ~
the Court Yesterday.


/ A matter OF considerable local interest
| was deci0ed in the StatesSupreme Court
yesterday. B. X. McMechen, of Wleel-
| ing, secured a street railway franchise
from the Fairmont City Council, and
transferred it to the Fairmont and SUI
burban Railway Company. The actual
work of constructing the road was start
| ed, when proceedings were stopped by
temporary injunction granted by the
| Circuit Court of Marion county, upon
1.-THE application of j. Fay watson. 1t
was based upon the ground that the
street which it was proposed to occupy
| with the tracks is narrow. and is lined
en- both sides with fashionable. resi-
dences the claim being made that no
room is left for vehicles, and that abut
ting property, including that of the
petitioner, would be greatly damaged
by the building and operation OF the
! road.
| On March 23rd, 1901, the Circuit Court
made the temporary injunction perma-
nent, and the case was appealed to tie
Supreme Court and argued at the last
session. The Court yesterday reversed
the Circuit Court of Marion. and dis
solved the injunction. The effect OF
the decision is to permit the work OF
construction to proceed without further
hindrance.
The opinion in the case was rendered
by Judge Poffenberger. The Supreme
Court holds that when a legislative act
grants the right to corporations to give
franchises, although they are usually
conferred on private corporations, they
may be granted to an individual, and
he may make a valid assignment to
corporation. Private property may be
taken and damaged in execution Of the
ordinance. When building railway line
after a franchise has been granted, the
owner of AUDITING real estate cannot
enjoin. A property owners cannot re-
strain the construction of the rail way
until the damage to his property, re-
sulting therefrom, is ascertained. and
paid or secured. When person or cor
poration is authorized by legislative act,
or by Council, to whom the power has
been delegated by legislative act, such
person or corporation cannot be regard
! ed as committing nuisance in the exc
| cution of such act.
In the case of Zub vs. Zum, from Rit-
| chic county, an appeal and supersedeas
was granted bond $4,000.
| James B. Sandusky VS.. Edwin Max
| well, surviving trustee, Harrison coun-
| ty, the appeal formerly awarded was
| dismissed.
State of West Virginia VS.. W. M.
McClelland, Greenbrisr county, the court
of it's own molten awarded a rehearing.
IT, Fay Watson vs. B. X. McMechen
and the Fairmont & Suburban Railway
| Co., from Marion County, the decres
rendered by the Circuit Court OF Mar
Dion county was reversed, the injunction
was dissolved, and the bill of the plain
tiff was dismissed. Opinion reversed by
! Judge Poffenberger.
| Alfred B. Maxwell VS.. John T. Kent,
Raleigh county, judgment of the Cir
cult Court of Raleigh was affirmed.
Opinion by Judge Poffenberger.
Michael Nughton VS.. E. j. Taylor, ct
al, Richie county; argued and submit
! ted
nv. S. Stewart who sues etc., VS.. F. J.
Ruley, Dodddridge county, argued and
! submitted.
Adjourned until Thursday.