Newcastle & Richmond Railroad v. Peru & Indianapolis Railroad

The Peru and Indianapolis Railroad Com*465pany filed a bill in the Howard Circuit Court against the Newcastle and Richmond Railroad Company, praying an injunction restraining the latter company from constructing their road, &c.

The bill states that the former company was chartered in 1846; that the 19th section of the charter enacted: “That'when said corporation shall have procured the right of way as hereinbefore provided, they shall be seized in fee-simple of the right of such land, and they shall have the sole occupancy and use of the same, but not to interfere with the right of way of any…