Briar Creek Railway Co. v. Kanawha Central Railway Co.

POFEEUBARGER, JUDGE:

In a contest between two railway companies for the same right of way, or rather a railroad already constructed, the appellant sought an injunction, to prevent the appellee from taking possession of the property and from operating the railroad, or running its engine -and cars over the same; and the court below refused the injunction, sustained a demurrer to the bill- and dismissed it without prejudice to the assertion of any rights the appellant may have in a court of law.

Hollowing the general course of a stream imown as Briar Creek, crossing it at several points and…