Chicago & Alton Railroad v. Brandau
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — "Hon. Richard Field, Judge. (1) When there is no adequate remedy at law, although no irreparable injury has been done, equity will restrain a trespass against the right of way of a railroad if it threatens such great injury to property that it would be beyond the power of the trespassers to make compensation therefor, and especially if it endangers the lives of employees operating and passengers traveling on the railroad.
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Appeal from the Lafayette Circuit Court. — "Hon. Richard Field, Judge. (1) When there is no adequate remedy at law, although no irreparable injury has been done, equity will restrain a trespass against the right of way of a railroad if it threatens such great injury to property that it would be beyond the power of the trespassers to make compensation therefor, and especially if it endangers the lives of employees operating and passengers traveling on the railroad. If the trespass threatens irreparable mischief, it will be restrained. Even an owner of the minerals can remove them only when he…
1Opinion of the CourtSmith, P. J.
statement. It is alleged by the plaintiff in its petition that it owns and operates a line of railroad extending through the south half of section 32, township 50, north range 25, west; that its right of way, where it passes through said half section, is of the width of one hundred feet, in the center of which is situate the track of its railroad; that the defendants were in the possession and control of the abutting lands on both sides of plaintiff’s right of way and were engaged in coal mining thereon; that they were opening rooms and making excavations beneath plaintiff’s right of way, and…
2Cases cited10 opinions
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Allen v. LoganSupreme Court of Missouri · 1888
- Erskine v. LoewensteinSupreme Court of Missouri · 1884
- State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Piedmont & George's Creek Coal Co. v. KearneyCourt of Appeals of Maryland · 1911
- Simpson v. BantleyMissouri Court of Appeals · 1910
- Meyers v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Jenkins v. EmmonsMissouri Court of Appeals · 1906
- Kansas City Southern Railway Co. v. SandlinMissouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.