Bond v. Pennsylvania Co.

Citations

• 126 F. 749
• 61 C.C.A. 355
• 1903 U.S. App. LEXIS 4366

Syllabus

<p>1. Railroads — Right of Way — Use of Streets — Injunction—Rights of Property Owner — Estoppel.</p> <p>Prior to the use of a street by a railroad, B., an abutting property owner, claiming to own the fee in the street, brought suit in the state court for an injunction to restrain the threatened trespass and to establish his title, in which he was finally successful, but before final decree the railroad seized the street and laid tracks thereon, after which a city ordinance was passed requiring the company to elevate its tracks in the street, which it threatened to do by the erection of stone walls, whereupon B. filed another complaint to restrain such act, and demanding compensation for the use of the street if his injunction was denied. This suit was removed to the federal courts, after which the railroad’s lessor began suit to condemn B.’s rights in the street, which he removed to the federal courts. Eeld, that the filing of B.’s second complaint to restrain the second trespass did not constitute a waiver of his rights under the decree in the first suit, so as to preclude him from maintaining a petition therein to punish the railroad’s officers for violating that decree.</p> <p>2. Same.</p> <p>Where an abutting landowner sued to restrain a railroad from using a street in front of his property, and, after he had recovered therein, the railroad’s lessor, for its benefit, sued to condemn his rights in the street, but the verdict in the condemnation proceeding, which allowed interest on the amount awarded from the date of the filing of the petition, was set aside, and a new trial granted, the award of such interest did not estop the landowner from enforcing his first decree restraining the railroad from using the street.</p>