Fort Clark Horse Railway Co. v. Anderson

Citations

• 108 Ill. 64
• 1883 Ill. LEXIS 55

Syllabus

<p>1. Injunction—when a threatened trespass will be enjoined. It is the general rule that before a court of equity will lend its aid to enjoin a mere trespass, facts and circumstances must be alleged in the bill from which it may be seen that irreparable mischief will be the result of the act complained of, and that the law can afford no adequate remedy.</p> <p>2. The temporary interruption of the business of a city horse railway company, for only three or four days, by moving a large house along the street lengthwise with the company’s track, even granting that the company has the exclusive right of way in the street for its cars, is not a case of irreparable damage, or such an injury but that an adequate remedy exists at law. And the further fact that the defendant proposes to move other houses over the same and other streets, when employed to do so, in view of the fact that such removals are of rare occurrence, and not likely to occur on the same street again for many years, and because it would be but a temporary interruption of the company’s franchise, was held not to furnish sufficient equitable ground for decreeing a perpetual injunction.</p>