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VIRGINIAN RY. v. MULLENS

No. 163.

271 U.S. 220 (1926)

VIRGINIAN RAILWAY COMPANY v. MULLENS.

Supreme Court of United States.

Decided May 24, 1926.

Attorney(s) appearing for the Case

Messrs. H.T. Hall and W.H.T. Loyall, with whom Messrs. E.W. Knight, G.A. Wingfield, and M.P. Howard were on the brief, for petitioner.

Mr. J. Albert Toler for respondent.

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

This was an action in a state court in West Virginia to recover for injuries to the plaintiff's land resulting from a nuisance alleged to have been created and maintained by the defendant. The action was begun June 14, 1921. The case stated in the complaint was to the effect that the defendant constructed in 1904, and operated up to the time of suit, a railroad through West Virginia, a short section of which...

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