Hampton Roads Ry. & Electric Co. v. Newport News & O. P. Ry. & Electric Co.

Citations

• 131 F. 534
• 1904 U.S. App. LEXIS 4925

Syllabus

<p>1. Federal Courts — Ancillary Jurisdiction — Receivers.</p> <p>Where a federal court had acquired jurisdiction of the assets of a street railway company operating the same through a receiver for the benefit of creditors, it had ancillary jurisdiction of a petition by the receiver to restrain a competing street railway company from maintaining gates across a certain highway, the effect of which would be to practically destroy the value of the property in the hands of the receiver, without regard to the citizenship of the parties.</p> <p>2. Highways — -Dedication—Preliminary Injunction.</p> <p>AVhere two competing street railroads, one of which was being operated by a receiver appointed by a federal court, terminated at a street leading to a bathing beach at a summer resort, and it appeared that under a prior agreement between the owners of land comprising the beach, to which defendant street railway’s predecessor was a party, a certain triangle of land was conveyed and dedicated to the public as an extension to the. street and an approach to the beach, the receiver was entitled to a preliminary injunction restraining defendant street railway company from closing such street and grounds, by reason of which passengers over the receiver’s line were prevented from obtaining direct access to the beach, and were landed in a cul-de-sac.</p> <p>¶1. Supplementary and ancillary proceedings and relief in federal courts, see note to Toledo, St. L. & K. C. R. Co. v. Continental Trust Co., 36 C. C. A. 195.</p>