Midland Railway Co. v. Smith

This suit was commenced by Samuel M. Smith to enjoin the appellant, the Midland Railway Company, and the other defendants, who are alleged to be the managers and contractors engaged in constructing the appellant company’s line of railway, from continuing the work of constructing the railroad over the plaintiff’s lands until due compensation shall have been made for the land so to be taken and occupied.

The complaint alleged that the railway company, through its managers and contractors, had unlawfully entered upon the plaintiff’s lands, and that they were engaged in digging and excavating the…