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BRAGG v. WEAVER

No. 22.

251 U.S. 57 (1919)

BRAGG v. WEAVER ET AL.

Supreme Court of United States.

Decided December 8, 1919.

Attorney(s) appearing for the Case

Mr. George E. Allen, with whom Mr. John Garland Pollard was on the briefs, for plaintiff in error.

Mr. J.D. Hank, Jr., Assistant Attorney General of the State of Virginia, with whom Mr. Jno. R. Saunders, Attorney General of the State of Virginia, Mr. F.B. Richardson and Mr. N.S. Turnbull, Jr., were on the brief, for defendants in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

By this suit the owner of land adjoining a public road in Virginia seeks an injunction against the taking of earth from his land to be used in repairing the road. The taking is from the most convenient and nearest place, where it will be attended by the least expense, and has the express sanction of a statute of the State, Pollard's Code, 1904, § 944a, clauses 21 and 22.1

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