1905

S. & W. Ry. Co. v. Virginia & Sw. Ry. Co.

Supreme Court of Virginia

104 Va. 323, 51 S.E. 843

South & Western owned a right of way that had been readied for laying down track. Virginia & Southwestern had begun surveying and trespassing on the road bed. South & Western sought injunction to deny other railway access to its property. Trial court refused injunction and dismissed bill of complaint. Supreme Court affirmed. Moving party could not show irreparable harm as there was an adequate remedy at law. Both railways were public service corporations, and if Virginia & Southwestern wanted to acquire any portion of the right of way, condemnation proceedings would adequately protect the property rights of the owners.

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