Railway v. Railroad Co.

April 25, 1911. The opinion of the Court was delivered by This is an appeal from an order of Judge DeVore, passed on November 11, 1910, refusing injunction pendente lite to restrain condemnation proceedings to assess damages for the proposed crossing of plaintiff's right of way by a spur track of the defendant at Front street in the town of Cheraw, S.C.

The order refused injunction without stating any reason; hence the only question properly arising is whether, upon the complaint and supporting affidavits, and upon the return and the supporting affidavits, there was a prima facie showing…