Pittsburg, S. & W. R. v. Fiske

Citations

• 123 F. 760
• 60 C.C.A. 621
• 1903 U.S. App. LEXIS 4034

Syllabus

<p>1. Injunction — Grounds — Protection of Right of Possession of Real Property.</p> <p>The right of a plaintiff who was in possession of a switch track, and the land on which it was laid, under a prima facie title, to invoke the aid of a court by injunction to protect his possession, cannot be defeated by the action of defendant in moving an engine and cars onto the track without license or lawful authority; and plaintiff was justified in removing the obstruction and restoring the property to its rightful status, using ■such force as was necessary.</p> <p>2. Same—Title to Support Suit.</p> <p>One in possession of land under a claim of title which is not merely colorable may maintain a suit for an injunction to protect his possession, in a proper case, until a superior title shall have been established in an appropriate action.</p> <p>8. Same—Repeated or Continuing Trespasses.</p> <p>An owner of. land is entitled to an injunction to restrain trespasses thereon where it is shown that a trespass has been committed by defendant, and will be continued or repeated unless restrained.</p> <p>¶ 3. See Injunction, vol. 27, Cent. Dig. § 101.</p>