Batavia Turnpike & Miami Bridge Co. v. C. P. & V. R. R.

12 Ohio Cir. Dec. 723

Opinion

Cox, J. (Memorandum of decision.)

Contra view, and grants an injunction to the railroad company. This is done upon the finding that the track was laid with the full knowledge of the turnpike company, and with its tacit if not actual acquiescence; and at this late date, with an adequate remedy at law, an injunction against the maintenance of the track will not lie.