Irwin v. Estes

(dissenting) — The majority opinion, I think, shows one way not to run a railroad. Thirty or forty trains a day running at speeds of up to 75 miles per hour night and day through fields occupied by thousands of people is a public danger even if the tracks are on an elevated embankment. I, therefore, dissent.

I do agree, however, with the majority’s affirmance of the trial court’s ruling that the proposed Sky River Rock Festival and Lighter Than Air Fair would create a public and private nuisance and in sustaining the injunction. But the majority, as I do not, accepts the injunction according…