Atlanta, K. & N. Ry. Co. v. Southern Ry. Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the East- \ ern District of Tennessee. This is a second appeal; the first being from an interlocutory injunction awarded under the cross-bill upon pleadings, affidavits, and counter affidavits.
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Appeal from the Circuit Court of the United States for the East- \ ern District of Tennessee. This is a second appeal; the first being from an interlocutory injunction awarded under the cross-bill upon pleadings, affidavits, and counter affidavits. For a full statement of the issues and our conclusions supporting the jurisdiction of the Circuit Court and the injunction awarded the Southern Railway, we refer to the opinion. 131 Fed. 657, 66 C. C. A. 601. Upon a final hearing below, upon the bill of the Atlanta Knoxville & Northern Railway Company, and the cross-bill of the Southern Railway…
1Opinion of the CourtLurton, Circuit Judge
This is a litigation between two competing railway companies over the question of priority to a right of way desired by each for the purpose of constructing a spur, whereby certain manufacturing plants on the bank of the Tennessee river, at Knoxville, Tenn., might be served. The steps taken by each to obtain that part of the only direct route are fully stated in the opinion of this court, reported 131 Fed. 666, 66 C. C. A. 601. The former hearing was upon the pleadings and exhibits and a volume of affidavits and counter affidavits. We then held that the Southern Railway Company had obtained…
2Cases cited5 opinions
- Atlanta, K. & N. Ry. Co. v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Kelsey and Mintyre v. Hobby and BondSupreme Court of the United States · 1842
- Coburn v. Cedar Valley Land & Cattle Co.Supreme Court of the United States · 1891
- Townsend v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1900
3Cited by5 opinions
- Anson v. TietzeSupreme Court of Missouri · 1945
- Highway Const. Co. v. McClellandCourt of Appeals for the Eighth Circuit · 1926
- Camp v. FieldU.S. Circuit Court for the Northern District of Georgia · 1911
- North Side Canal Co. v. Twin Falls Canal Co.District Court, D. Idaho · 1926
- Nelson v. Black Diamond Mining Co.District Court, W.D. Kentucky · 1916