Farrar v. Chicago & N. W. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by John J. Farrar and! Victor T. Jepsen, copartners, against the Chicago- & Northwestern Railway Company and others, for an injunction against removal of -certain spur tracks. From-an order dissolving a restraining order and denying a temporary injunction, plaintiffs appeal.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by John J. Farrar and! Victor T. Jepsen, copartners, against the Chicago- & Northwestern Railway Company and others, for an injunction against removal of -certain spur tracks. From-an order dissolving a restraining order and denying a temporary injunction, plaintiffs appeal. Appellants submitted that: If an applicant makes a showing in his complaint that he is the owner of and rightfully 'in possession of property, that some one else is by force and without warrant of law attempting to deprive him of such ownership…
1Opinion of the Court
'GATES, P. J.
'Claiming to be the owner of certain railway spur tracks laid upon the premises in Rapid' City formerly known as the smelting plant of the National Smelting Company, the plaintiffs brought this action to enjoin the defendant from tearing up and removing the railway tracks from ¡said premises, which the servants of the company were then engaged in doing. A temporary restraining order was issued at the time of- beginning the action. At the hearing upon the application for a temporary injunction, the restraining order was dissolved, and the temporary injunction denied. Therefrom the…
2Cases cited4 opinions
- Beatty v. SmithSouth Dakota Supreme Court · 1900
- Huron Waterworks Co. v. City of HuronSouth Dakota Supreme Court · 1893
- Clark v. City of DeadwoodSouth Dakota Supreme Court · 1908
- Bank of Scotland v. BlissSouth Dakota Supreme Court · 1897