Virginia Appeals: Decisions of the Supreme Court of Appeals of ..., volume 26

Cover Virginia Appeals: Decisions of the Supreme Court of Appeals of ..., volume 26
Virginia Appeals: Decisions of the Supreme Court of Appeals of ..., volume 26
Virginia. Supreme Court of Appeals, William Wallace Scott, Maury Baldwin Watts
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1 was instituted.
Digitized by Google 612 26 ViKGiNU Appeals.
Moreover the testimony for appellee is to the effect that Reedy volunteered to and did zealously assist in sretting the consent aforesaid for appellee of other surface land owners on the said 1^ mile end of the route. This Reedy denies, but, on cross-examination, he admits that in one instance he acted as agent for appellee in trying to get a portion of the right of way for appellee. He also admits that C, W. Boyd, who was afterwards
... the president of the ai^ pellee company, on an occasion when a third person was present, who was a witness for appellee, before such com- pany was organized or it had bought the 7,000 acre coal properties aforesaid, told him, (Reedy), that the promoters of the appellee company "wanted to develop their coal holdings on the creek and would have to put in a railroad and that the railroad would have to go over (Reedy) a piece, and it made no difference what rights they had ihey wanted to go up there and did not want any friction and get into law suits;" and that Reedy replied that, "When he (Boyd) gojt ready to put a railroad through his (Reed/s) land, to come right on;" and that he (Reedy) told Boyd, on this occasion that he (Reedy) "wanted the coal hauled off his coal land and wanted the railroad put up there for development;" and Reedy, after first sajring that Mr.

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