Union Ry. Co. v. Illinois Cent. R.

Citations

• 207 F. 745
• 125 C.C.A. 283
• 1913 U.S. App. LEXIS 1656

Syllabus

<p>1. Courts (§ 508*)—Federal Courts—Injunction Against Proceedings in State Court.</p> <p>A suit in a federal court by one railroad company against another to-prevent the latter from obtaining the benefit of a judgment in a stair court authorizing it to construct a grade crossing over complainant's railroad on the ground that it would be inequitable was not a suit to obtain a decree acting on the state court nor forbidding action in that court, and was therefore not within the prohibition of Judicial Code, s 205 (Act March 3, 3911, c. 231, 36 Stat. 3102 IU. S. Comp. St. Supp. 1911» p. 236J; Rev. St. § 720 [U. S. Comp. St. 1901, p. 581]), forbidding, except in a single case, the granting of an injunction by any court of the United States to stay proceedings in a state court.</p> <p>(Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 1418-3423, 1425-1430; Dec. Dig. § 508.*</p> <p>Enjoining proceedings in state courts, see notes to Garner v. Second Nat. Bank, 10 C. C. A. 90; Central Trust Co. v. Grantham, 27 O. C. A. 575; Copeland v. Bnming, 63 C. C. A. 437.]</p> <p>2. Courts (§ 508*) — Federal Court — Jurisdiction — Injunction Against Decree or State Court.</p> <p>Diverse citizenship of parties gives a federal court in equity jurisdiction to enjoin the enforcement of a state court decree to the same extent as such relief would be obtainable in a state court of equity, but no further.</p> <p>LEd. Note.—For other cases, see Courts, Cent. Dig. §§ 1438-1423, 1425-1430; Dec. Dig. § 508.*]</p> <p>3. Railroads (§ 91*)—Crossing Other Railroads—Grade Crossing—Statutes.</p> <p>Shannon’s Code Tenn. § 1504, provides that all railroads of the stale have power to construct their roads so as to cross each other if necessary by the main trunks or branches, or to unite with each other as with branches. Sections 1845 and 1854-1857, relating to the condemnation of land by railroads, provide for the setting apart by metes and bounds of the land condemned and that in estimating the dam