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TAYLOR v. BALTIMORE & O. R. CO

No. CC802.

75 S.E.2d 858 (1953)

TAYLOR v. BALTIMORE & O. R. CO. et al.

Supreme Court of Appeals of West Virginia.

Decided May 19, 1953.

Attorney(s) appearing for the Case

Lycurgus Hyre, Buckhannon, for petitioner.

John G. Fox, Atty. Gen., Thomas J. Gillooly, Asst. Atty. Gen., and Donald L. Schaffer, Special Asst. Atty. Gen., for defendants.

LOVINS, Judge.

D. I. Taylor seeks a writ of mandamus to compel the Baltimore and Ohio Railroad Company, a corporation, and the State Road Commission of West Virginia to erect a fence on the division line between his land and another tract of land owned by the State Road Commission, and used for state highway purposes.

The petitioner filed his petition in the Circuit Court of Upshur County, West Virginia. The trial court awarded a rule in mandamus, returnable...

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