Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1855-01-06
THE RAILROAD INJUNCTION CASE.
Opinion Of Judge Thompson
City of Wheeling =,
Baltimore and Ohio Railtoad M Injunction.

defendant, Iaiitu ~ Het pli' wy '"'s''' -,
Ohio RAILROAD Company. The COMPANY has WI
Appeared By answer, as she mlsl' nave aoNe, wv
nrr$entpd ier views oil the special facts involved 70
;he controversy, which II II had 81 done, woll!l
have nacpd Wheeling III position as 10 such tac's
nnon other Terms than those which must arse w
her favor uron The admission Of prima laftt cass
and haze gwen the Judge the benefit o. llla' NV
view Of Inc whole case IS lllGi the intention u we
uniice was designed, undoubtedly, TO secuIe' inns
notice IS intended 10 10 given only ~ cases OF I'M
,Ota,ce, wleIe serious lnjuty might 0e illlleleH,
o., wEtie public interests mis III 10 n1flously g.
fccted by M imploviLent grant Of the WIN, I've
Compuny, however, perhaps desiring 10 waive any
NJ M adventurous questions deieldant upon slle.
cjol ant, cstraneous issues, has appeafed anu re-
sists nc application on The merits, upon Tue bf6au
oj.son OF mower IN the Company over Tue mat
teIs brought into litigation. ln this State o. w
case, and Lefoe the bill !; fled VIII ioos ~ 'ne
merits, though not iisfegardllg lie case la"e W
lie bill and exhibits, Taking lhls view o. We
subject, or, cOnfnig myself 70 liIe slflci case
aS il is made, must aword tlle lilahcliot. WV,
as succiuctly US cat, slate The views willcli w,
trrlain on lie wl,oie subject an invited TO this
by The course pursued, witch Seetls ~ cal lof
general view Of the points N controversy " Which
may aIse so that lie Cause may bc tctlillnalti
here a, the earliest practicable pef!od' Thl,.ull
ict HE CONCLUSION which haze announced, llitsl
he tho wish, rs II Is certainly lle interest OF ll'e
Co,upauy whose optiuiiOns will te suspended,
Whit Is tlr MONT TO lie pSteInihtd anu Setlicu
IN This easel Whrn tie whole subject matter ~
litigation is reduced To u question, u which PIE.
else and positive answer lllst be given u cOllsli
| totcs d polnt Of departure Iron which We ll,dst
stort and 10 .whcli we must return. Is, then,
WLptlln. by he acl Of Till Of March, lSiIi o. ~
The contact Of 9Th Ui July VI Tie same year, Dt:
is ecu the Company and Wheeling; u W bolli OF
these, The tynltiIs-tie ltre tlnl Of construction
or lie Terminus D, tc aud travel VI The BALI.
more aud Ohio ltniItOad Company lie Conil'a.
ny contends That Wtee itls Is The mere end o. con
stuctiUn: Wheeling liEt SIZE Is Me leEtlil'l'is "
ilcisIt and traytl, ior HAT magnificent lho'ons'
| ilIe.
l,nt lefore opplpacli The solution Of this gues.
lion, will advert 10 S0llc general CONSCIENTIOUS
which have been pressed with SOME lofct Of ati,
lonty aud ,nucl, yisor Of INTELLECT, rs may he said
oI The conduct u HE whclc CASE. Tie etalt-
nr Of an Injunction has been terEcd tie exercise
of an extraordinary power, and one which should
moi be used IN case Of doubtful tight aud wllere
the injury 10 the party to b. restrained is apparent,
and the damages cannot bt rradily appreciated
Ills true tia, such Is tie language OF The books rs
10 tie extraordinary character Of this wit, !,
tue, il il not like the summons or common process:
10 begin an acOn nj law OF suit " equity, whlcl
The citizen may ,lellnud anil sue out as inatef
light, bull that il Is wri which Is gfanied IN tllt
ireq,Ient course VI administering justice foI lllt
ptoieuti0n OF light and tie prevention u wrong,
known 10 tie mos, casual observer VI the proceed
ines Il, clmlltrty The principles, whatever INA!
be the difficulty Of llnit application, ale well sci
lied, and are among The most comprehensive aux
salutury Known IL the c0nIts OF equity, ille ap
plicati0n Of lie principles, like oil The seille, GOc
trillcS Of equity and o law, must he Determined y
tile discretion VI the Court, and here, nOlwilfl
standing the language Of Tie books, judgment ~,
discretion are SYNONYMOUS TENS, iof NE parry W
gIeved by eIlof has Ills remedy. has bct = ~
sisted ihut where The igL Is doubtful the injhnc
lun s. ould uot b. traed, fhiSpflposltiOll, TIN
broadly slated, IS mol teliable Il is IN dunbill,
cas.s, frequently hslliy important that the u,
Iianction shall he allowed, so that The light OF lt
parts may lle Tried, anl final justice be accom-
uliSlttl, before there shall be such change
situation, such infection OF in;Hant ut w,0ns, o
no future teton can lcSt0fG or damages com
ncnsN,c. Wtt,e tie right IS doubtful and the IN
Il iunctiOu may inillct loss OH both, on lie OIL
irmpDTa, loss, un the Other unlileasuIs,l injli.
The Injunction, especially on motion OF The latter
IS Unsuitable anil ptopet, Wltn tic light Of III
pluinlil is doubtful, us matter OF fact depend
+ my OF, the pools, and his danger IS inin'nel
wiitm IT, rc Gan " no adequate compensation |
Il would lc must lIeIi aud fallacious cAetciss
Jurisdiction moi 10 ln,trptse, so that u cuinplri
and ultimate adjustment VI tie tights Of pufit
'hall bc obaNc1. So, where The lights VI cain
OF tho plaintiff depend upon the construction Of
law OF contract, the Judge IS b0uii 10 The cxclcs
vi his honest convictions, and where e Is itot III
final tribunal AMI the construction Is doubtful
aud tie doubt asnilst IT, plain.lll will do lin
lasting hnd l:fetlleycable ihjuly, and, lrfllrs, o
iHcomreisable wl0ne, By teptiyins Hin Of Utnp
fills aud position 10 which no dec,te or ordet VI
court can ftslolc Inn, II Is The duty Of tie inftlO
Itibual so 10 dispose Of HE case, IN lbs best Jug
llcnt, rs that the e0S, injury may result. THIS
my own conviction: !. IS dictate Vi justice, en-
forced BY every cautluiaTy reason. This view I
tie t.ulyis the lar itslllt VI the authorities
Dmwty oil Injunction 207 says; "lhc genera
course, where the legal right Is doubtful, Is 10 p
HE parties u, situation 10 iIy such right rs quick
~ rs possible, am, 10 pfl,ec the property N III
mean tinr. Aud the court will not consider beth
u the result may be announcement 10 Tie ole y
tie other patty, for il has no right to Jepiyc oil
party Of what he is entll,d 10, because ii is ncon
venen, 10 another parly." Again, "hul wleI
The title 10 relief isiVulinl, The court seelts 10 b
much Influenced by reference ~ ,he question
whether II viii 10 EoIe injury 10 the plalnilf b!
withholding tie injunction, Il II shall turn oii tia
he IS tight, OF 10 tho defendant BY etanling II,
tue right shall ultimately pear 10 he Dll lls side,
In case Of doubtful ngit, tut permanent injury
ii,caiablc u a,initaSlfenent aud compensation
then the authority wulili Srtm 10 settle The scfe
ton Of the collt as contIatiisnsusl4ed tom II
final jpllEml.i nj.
have decned II proper 10 make these prelinii
nary remarks, because they ATE just IN themselves
al because they apply 10 The personal position
which occupy, which would have avoided
itOn whiri ! must not shrink, aid IN which
have sought the discharge ofmy duty,
10 rccuf 10 the question, was u the intention o
The Act OF March 6, 1871, md Of The contract o
July u, VI Tie SAINT year, seyclally OF collectively
tint Wheeling Should be Tie terhilllus-ilc end-
OF constructions OF tie terminus o., tle mnil,.lTlil
Of freight aud irayel Of tic coInpany's rouLl II,
first punt viii be rtaiied, that II was 10 be III,
terminus OF construction, for II Is the express pro
vision Of thu Act Of Assembly. The statemen
Of the question and The conception Of This branch
tend 10 .lucldac the important issue involved IL
the inquiry, The suggestion then, presents itsel
III onte and naturally 10 tic mud, why wn.
Wheeling made the temlinls Of construction, AM
almost, II not altogether, colnpels tie Antagonist
qucNonef, 10 show that u nominal, inSit al OF
substantial benefit was intended to DO conferred
II seems 10 violate the prophecies Of legislation,
and the good Seise and sound faith OF contracts
that pati,s shall build ut heavy cost nasniGcen
roads aud coniltdiDlS structures 10 bc sitslanti
ally abandoned, and 10 rust unused.