Baltimore & O. R. Co. v. Wabash R. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United. States for the District of Indiana. The Wabash Railroad Company, the appellee, acquired the right to construct a railway from New Haven to Butler, Ind. The line crosses a railway in possession of and operated by the Baltimore & Ohio Railroad Company, one of the appellants, at a certain point in-De Kalb county.
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Appeal from the Circuit Court of the United. States for the District of Indiana. The Wabash Railroad Company, the appellee, acquired the right to construct a railway from New Haven to Butler, Ind. The line crosses a railway in possession of and operated by the Baltimore & Ohio Railroad Company, one of the appellants, at a certain point in-De Kalb county. Being unable to agree with respect to the point and manner of crossing and the damages, on August 28, 1901, the Wabash Company filed its “Instrument of Appropriation,” under the statutes of Indiana, for a grade crossing, making the two…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts). It is settled that, when a state court and a court of the United States may each take jurisdiction of a matter, the tribunal whose jurisdiction first attaches holds it, to the exclusion of the other, until its duty is fully performed, and the jurisdiction involved is exhausted. Harkrader v. Wadley, 172 U. S. 148, 19 Sup. Ct. 119, 43 L. Ed. 399; Farmers’ Doan & Trust Co. v. Fake Street El. R. Co., 177 U. S. 51, 20 Sup. Ct. 564, 44 L. Ed. 667. We have followed this rule, declaring “that" the court which first obtains possession of the res or of the controversy, by…
2Cases cited6 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Harkrader v. WadleySupreme Court of the United States · 1898
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
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- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- John E. JENNINGS and Helen M. Jennings v. BOENNING & COMPANY and Boenning & Scattergood, Inc., AppellantsCourt of Appeals for the Third Circuit · 1973
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