New Albany & Salem Railroad v. O'Daily

This was a complaint for an injunction *552and a writ of assessment of damages against The New Albany cmd Salem Railroad Company, because said company was proceeding to lay a track of their road along a certain street in the city of Lafayette, in front of the lot of -A-11 injunction was granted, &c. '

II. W. Chase, I. A. Wilstach, S. C. Willson, and J. E. McDonald, for the appellants.

A railroad in a city is not, necessarily, a nuisance, and the injunction cannot be sustained on that ground. Ang. on Highw., p. 217. See Wood v. Mears, at this term (1). And so far as the suit was to obtain…