Hurd v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 73 Kan. 83
• 84 P. 553
• 1906 Kan. LEXIS 210

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — District Judge — Dissolution of a, Restraining Order. A district judge at chambers has power to dissolve a restraining order granted by a probate judge under the provisions of section 239 of the civil code. (Gen. Stat. 1901, § 4686.)</p> <p>2. Railroads — Appropriation of Land — Temporary Injunction. A showing- by the plaintiff that a railway company, which was taking steps toward the building of a switch for a public use in a city, had made a survey across plaintiff’s ground, and that if the switch were built it would greatly injure plaintiff, did not require the allowance of á temporary injunction by the district judge, since it did not appear that the railway company intended to take possession of or to appropriate the ground illegally, or otherwise than by purchase or condemnation.</p> <p>3. Injunction — Apprehension or Possibility of Injury Will Not Warrant It. Mere apprehension or a possibility of wrong and injury by a defendant is ordinarily not enough to warrant the granting of an injunction, but there should be at least a probability of wrongful action and irreparable injury before a court is required to enjoin the action.</p>