Pittsburg, S. & W. R. v. Fiske

DALEAS, Circuit Judge.

This is an appeal from a decree awarding an injunction restraining the plaintiffs in error “from interfering with, or in any manner obstructing the use of, the switch in controversy.” This switch, and the land upon which it was laid, were in possession of the plaintiff below, under at least a prima facie title, when the defendants, without license or authority of law, placed an engine and cars upon it, and so prevented the plaintiff .from using it as he desired to do. This was a trespass, and the act of the injured party in repelling it, by removing, with such force as…