Dayton & Union Railroad v. Dayton & Muncie Traction Co.

This action is submitted upon a demurrer to the first defense of the amended answer.

The petition bases the right to an injunction upon the alleged dangerous character of the contemplated crossing, and also upon the alleged interference with the existing franchise of the plaintiff company.

An amendment to the petition adds the additional claim that the defendant company seeks to take possession and construct the crossing without having the right to do so by condemnation proceedings. A supplemental petition was also filed which need not be considered here.

*297The first defense in the amended answer…