Union Ry. Co. v. Illinois Cent. R.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Bill by the Illinois Central Railroad Company against the Union Railway Company. Decree for complainant, and defendant appeals. This is an appeal from the final decree of the District Court perpetually-enjoining appellant from making a crossing over appellee’s right of way and tracks at grade, or in any way except by a subway or underpass.
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Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Bill by the Illinois Central Railroad Company against the Union Railway Company. Decree for complainant, and defendant appeals. This is an appeal from the final decree of the District Court perpetually-enjoining appellant from making a crossing over appellee’s right of way and tracks at grade, or in any way except by a subway or underpass. Appellee operates a through line of railroad from Chicago to New Orleans, by way of Memphis. Appellant is organized as a corporation under the…
1Opinion of the Court
KNAPPEN, Circuit Judge.
[1,2] This appeal presents the broad question whether a court of equity, upon the case here presented, may lawfully forbid a railroad company crossing at grade the right of way and tracks of another railroad company under the authority of the Tennessee statutes. We set aside as without merit the contention that the decree complained of violates section 265 of the Judicial Code (formerly section 720 of the Rev. Stat. [U. S. Comp. St. 1901, p. 581]), which forbids, except in the single case there stated, the granting of injunction by any court of the United States to stay…
2Cases cited12 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Marshall v. HolmesSupreme Court of the United States · 1891
- Arrowsmith v. GleasonSupreme Court of the United States · 1889
- Bank of Kentucky v. StoneU.S. Circuit Court for the District of Kentucky · 1898
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- National Quarries Co. v. Detroit, T. & I. R.Court of Appeals for the Sixth Circuit · 1926
- Weaver v. Pennsylvania-Ohio Power & Light Co.Court of Appeals for the Sixth Circuit · 1926
- Lisman v. Knickerbocker Trust Co.Court of Appeals for the Sixth Circuit · 1914
- United States Railroad Administration v. BurchDistrict Court, E.D. South Carolina · 1918
4 more not listed; retrieve them via the Exa API.