Texas & Pacific Railway Co. v. Interstate Transportation Co.

Citations

• 155 U.S. 585
• 15 S. Ct. 228
• 39 L. Ed. 271
• 1895 U.S. LEXIS 2107

Syllabus

<p>When abridge is lawfully built over a navigable river within the limits of a State, aucl is maintained as a lawful structure, its owners may at all times have recourse to the courts to protect it; and any relief which may be granted by the court on such application is not a regulation of commerce.</p> <p>When a court of equity is satisfied that irreparable injuries may be occasioned to such a structure by careless or wanton action on the part of navigators, the ordinary rule that the court will not act where there is a dispute about the title or the extent of the legal rights of the parties does not apply, but it may grant relief by injunction before a trial at law.</p> <p>In this case, as the exigency created by the existence of an unusual flood, which was made the principal foundation for the bill, has long since passed away, and as the decree below dismissing the bill reserved the right of the complainant to bring an action for the recovery of its damages, the decree below -is amended so that it shall be without prejudice generally, and is otherwise affirmed.</p>