National Quarries Co. v. Detroit, T. & I. R.

MOORMAN, Circuit Judge.

This bill was dismissed for lack of equity. It averred diversity of citizenship between plaintiff and defendant; that plaintiff owned property adjacent to the lines of defendant, a railroad company; that defendant had filed a petition in the probate court of Allen county, Ohio, to appropriate a part of plaintiff’s land adjoining its railroad tracks, asserting the necessity of establishing a railroad yard thereon, and unless restrained from so doing would proceed to appropriate the property to the irreparable injury of plaintiff. The specific prayer was that defendant…