Lake Erie & W. R. Co. v. City of Fremont
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. This is an appeal from a decree of the circuit court of the Northern district of Ohio, Western division, perpetually enjoining the Lake Erie & Western Railroad Company from constructing a solid embankment of earth, in place of the trestle upon which its track is now laid, across an island in the San-dusky river, within the corporate limits of the city of Fremont,…
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Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. This is an appeal from a decree of the circuit court of the Northern district of Ohio, Western division, perpetually enjoining the Lake Erie & Western Railroad Company from constructing a solid embankment of earth, in place of the trestle upon which its track is now laid, across an island in the San-dusky river, within the corporate limits of the city of Fremont, Ohio. The cause was removed from the common pleas court of Sandusky county to the court below by the Lake Erie & Western…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). Were the city to be flooded by reason of the erection of the embankment by the defendant railway company upon the island, the municipal corporation and the private persons injured would have an action against the defendants, which at common law would have been trespass on the case for a private nuisance. In English courts of equity it was, for a long time, laid down as a rule in such cases that until the right of the complainant was definitely established by an action at law the extraordinary remedy of injunction would not be granted by the chancellor.…
2Cases cited10 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Davis v. SchwartzSupreme Court of the United States · 1895
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Crawford v. NealSupreme Court of the United States · 1892
- Furrer v. FerrisSupreme Court of the United States · 1892
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3Cited by4 opinions
- McHan v. McMurrySupreme Court of Alabama · 1911
- Ferry v. City of SeattleWashington Supreme Court · 1921
- Anderson v. AkersDistrict Court, W.D. Kentucky · 1934
- Carlisle v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901