N. & W. R. R. v. Smoot

Citations

• 81 Va. 495
• 1886 Va. LEXIS 118

Syllabus

<p>1. Chancery Practice—Misjoinder—Community of interests.—Two or more parties having distinct causes of action against the same defendant, cannot join in one suit to enforce their rights. To enable plaintiffs to join in one suit, they must have a community of interest; such as to establish a street, or to have obstructions in an existing street removed; or, as tax-payers, to restrain municipal corporations and their officers from transcending their powers in a way injurious to tax-payers. Roper v. Mc Whorter, 77 Va. 214.</p> <p>2. Idem—Railroads—Injunctions.—Conceding that plaintiffs can establish that they are entitled to compensation; that the injury they complain of is such that it cannot be adequately compensated in damages, and that it is therefore proper for a court of equity to grant the relief to which they may appear to be entitled; yet it is not proper for the court, pending the enquiry into their right tó compensation, and before its assessment by law, to interfere by injunction, or otherwise, to stay the proceedings of the defendant railroad company, in laying or using the tracks on the land in respect to which the injury is alleged to be done or threatened, unless it be “ manifest” that said company is transcending its authority, and that the interposition of the court is necessary to prevent injury that cannot be adequately compensated in damages. Code 1878, ch. 56, |13. Supervisors v. Gorrell, 20 Graft, p. 514.</p>