City of Terre Haute v. Evansville & Terre Haute Railroad

This is an appeal from a temporary injunction granted March 1,1896, by the court below on motion of appellee, restraining appellant from taking any steps to extend Ohio street in the city of Terre Haute, across appellee’s freight yard and fourteen tracks used for switching and storing cars and loading and unloading the same.

*176The question presented is one of jurisdiction. If the city officers had jurisdiction, injunction will not lie. But if the city had no authority to extend Ohio street across said freight yard and tracks already devoted to a public use, there was no jurisdiction, and…