Utah, N. & C. R. v. Utah & C. Ry. Co.
U.S. Circuit Court for the District of Nevada
In Equity. On rule to show cause why injunction should not issue. The subject-matter in controversy in this suit is the right of the complainant to hold and enjoy a certain right of way for a railroad through the state of Nevada.
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In Equity. On rule to show cause why injunction should not issue. The subject-matter in controversy in this suit is the right of the complainant to hold and enjoy a certain right of way for a railroad through the state of Nevada. This right of way is based upon the provisions of the act of congress entitled “An act granting to railroads the right of way through the public lands of the United States,” approved March 3, 1875 (18 Stat. 482). On April 19, 1901, the Utah & California Railway Company conveyed all its rights and interests in. the roadbed and right of way in Lincoln county, Nev., to…
1Opinion of the CourtHawley, District Judge
(after stating the facts), i. The complainant on April 27, 1901, filed its bill of complaint and obtained an order requiring the defendants to appear and show cause why a preliminary injunction should not issue; and it appearing to the satisfaction of the court, from the averments of the bill, that there was danger of irreparable injury to complainanEbefore such hearing could be had, the court ordered that the defendants be—
“Restrained and enjoined from entering upon the right of way and railroad grade, cuts, embankment, tunnels, or any other portions thereof, of that certain line of railroad…
2Cases cited23 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Jerome v. RossNew York Court of Chancery · 1823
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Southern Indiana Railway Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
- State ex rel. Preston Mill Co. v. HowellWashington Supreme Court · 1912
- Street R. R. v. . R. R.Supreme Court of North Carolina · 1906
- California Reduction Co. v. Sanitary Reduction WorksCourt of Appeals for the Ninth Circuit · 1903
- Toledo & Indiana Traction Co. v. Toledo & Chicago Interurban Railway Co.Indiana Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.