Railroad v. Donovan

This bill was filed by complainant company to enjoin the defendant from encroaching upon the railroad’s right of way. The bill alleged that defendant, Donovan, was in the act of fencing up the right of way to a point within fifteen or twenty feet of the center of the track and extending a distance of six hundred and fifty feet parallel with the track. Complainant claims *467this right of way, first, under the authority of its charter, granted by the Legislature of this State on the 28th of January, 1848; second, by virtue of a decree of the Chancery Court at Humboldt, passed on the 8th of…