Tribette v. Illinois Central Railroad
Mississippi Supreme Court
From the chancery court of the first district of Hinds county. Hon. II. C. Conn, Chancellor. A tort-feasor cannot invoke the jurisdiction of equity to enjoin suits begun at law for damages for the trespass growing out of a single past act, and compel the injured persons to join in one suit in equity, upon the sole ground of a common question of law and fact being involved.
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From the chancery court of the first district of Hinds county. Hon. II. C. Conn, Chancellor. A tort-feasor cannot invoke the jurisdiction of equity to enjoin suits begun at law for damages for the trespass growing out of a single past act, and compel the injured persons to join in one suit in equity, upon the sole ground of a common question of law and fact being involved. We submit that a careful examination of the authorities will show that this is the first case in England or America where a trespasser has obtained an injunction to shield him from actions at law for the tort on the ground…
1Opinion of the CourtCampbell, C. J.
A number of different owners of property in the town of Terry, destroyed by fire from sparks emitted by an engine of the appellee, severally sued in the circuit court to recover of the appellee damages for their respective losses by said fire, alleged to have resulted .from the negligence of the defendant. While these actions were pending, the appellee exhibited its bill against the several plaintiffs, averring that no liability, as to it, arose by reason of the fire, which arose, not from any negligence or wrong of it or its servants, but from the fault of others, for which it is not…
2Cases cited5 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Crews v. BurchamSupreme Court of the United States · 1862
- Macon & Birmingham Railroad v. GibsonSupreme Court of Georgia · 1890
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
- Bank v. Sheriff of Sevier CountyTennessee Supreme Court · 1849
3Cited by68 opinions
- Leaf River Forest Products, Inc. v. DeakleMississippi Supreme Court · 1995
- Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, Etc.Court of Appeals for the Fifth Circuit · 1943
- Spear v. H. V. Greene Co.Massachusetts Supreme Judicial Court · 1923
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Turner v. City of MobileSupreme Court of Alabama · 1902
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