St. Louis Southwestern Ry. Co. v. Stuttgart & R. B. R.
U.S. Circuit Court for the District of Eastern Arkansas
In Equity. Suit by the St. Louis Southwestern Railway Company against the Stuttgart. & Rice Belt Railroad Company and others, to restrain defendant railroad company from crossing complainant’s railroad at a specified point until there could be a hearing on said defendant’s petition for condemnation of a right to cross at such place. On motion to dissolve a temporary injunction.
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In Equity. Suit by the St. Louis Southwestern Railway Company against the Stuttgart. & Rice Belt Railroad Company and others, to restrain defendant railroad company from crossing complainant’s railroad at a specified point until there could be a hearing on said defendant’s petition for condemnation of a right to cross at such place. On motion to dissolve a temporary injunction. On January 27, 1911, the defendant, a railway corporation existing under the laws of the state of Arkansas, filed its petition in the state circuit court of Arkansas county for condemnation of a right to cross the…
1Opinion of the CourtTriebrr, District Judge
(after stating the facts as above). [1] That there is no complete and adequate remedy at law is too clear for argument, for before a hearing can be had in the condemnation proceeding the crossing will have been completed and the mischief done. That courts of equity have power to grant at least temporary relief until there can be a determination of the right of the defendant to cross is undoubted. Montana C. Ry. Co. v. H. & R. M. Ry. Co., 6 Mont. 416, 12 Pac. 916; Railway Co. v. Railway Co., 91 Iowa, 16, 58 N. W. 918; Atchison Street R. R. Co. v. Missouri Pacific Ry. Co., 31 Kan. 66, 3 Pac.…
2Cases cited15 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Watson v. SutherlandSupreme Court of the United States · 1867
- Arthur v. OakesCourt of Appeals for the Seventh Circuit · 1894
- Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
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