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MET. R.R. CO. v. DISTRICT OF COLUMBIA

No. 16.

195 U.S. 322 (1904)

METROPOLITAN RAILROAD COMPANY v. DISTRICT OF COLUMBIA.

Supreme Court of United States.

Decided November 28, 1904.

Attorney(s) appearing for the Case

Mr. J.J. Darlington and Mr. C.C. Cole for appellant and plaintiff in error.

Mr. E.H. Thomas, with whom Mr. Andrew B. Duvall was on the brief, for appellee and defendant in error.

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

Assuming that the matters complained of are susceptible of review by this court, the first question is whether our jurisdiction is dependent upon the appeal or the writ of error.

That a proceeding involving the exercise of the power of eminent domain is essentially but the assertion of a right legal in its nature has been...

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