Osborne v. Missouri Pacific Railway Co.

Citations

• 147 U.S. 248
• 13 S. Ct. 299
• 37 L. Ed. 155
• 1893 U.S. LEXIS 2160

Syllabus

<p>A bill was filed against a railroad company in Missouri by the owner of a building on a public street in St. Louis, on wliicji the company was about, under cómpetent municipal authority, to lay down tracks at grade for use in running cars drawn by steam power. The bill prayed to restrain and enjoin the company from commencing or carrying out the proposed construction, or from taking ¡possession of the street for that purpose. The injuries to result to the complainant’s building from the proposed construction were set forth, but without any demand for compensation other than that contained in the prayer for general relief. The statutes of Missouri provide for the assessment of compensation for the taking of property for public use, but not for such assessment where property is merely damaged. Held, that the complainant had an adequate remedy at law for the injuries complained of, and was not • entitled to the relief prayed for.'</p>