ECKINGTON & c. RY. CO. v. McDEVITT

No. 9.

191 U.S. 103 (1903)

ECKINGTON AND SOLDIERS' HOME RAILWAY CO. v. McDEVITT.

Supreme Court of United States.

Decided November 16, 1903.


Attorney(s) appearing for the Case

Mr. Walter L. McDermott and Mr. John Ridout for plaintiff in error.

Mr. A.S. Worthington, Mr. John C. Heald and Mr. Charles L. Frailey for defendant in error.


MR. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.

Assuming that the railway company might have lawfully bound itself to construct and operate this piece of road, the question is presented to what compensation in damages plaintiff below would be entitled if the company found that the traffic did not justify its further maintenance and ceased to run its cars, or if the public...

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