23 W. Va. 454 | W. Va. | 1884
This cause is, substantially the same as the cases of Spencer v. Railroad Co. et als., Campbell v. Same and Smith v. Same; and for the reasons assigned in them the decree of July 16, 1883, must be reversed, and a decree similar to that entered by this Court in those cases must he entered in this. In each of these cases the causes stated in the bill were not sustained by the proof, and we did not deem it necessary to
We have decided in the three preceding cases against the Point Pleasant Railroad Company, that these facts alleged in this bill furnish no grounds for a court of equity to grant to the plaintiff" any injunction. It is true in addition to these allegations the plaintiff’s bill does allege “ that the obstructions now being placed on his premises (his fee in said street) are of a permanent nature, and if allowed to go on will entail upon him irreparable injury.” I regard this' allegation as adding nothing whatever to his bill; for it is well established that a mere allegation of irreparable injury will not warrant ■an injunction, but the facts must appear, on which the allegation is predicated, in order that the court- may be satisfied as to the nature of the injury. Branch v. Supervisors, 13 Cal. 190; Lutharn v. Cusick, 1 Utah 242.
The same decree should be entered in this cause as' was entered in the causes hereinbefore referred to against the PointPleasant and Ohio River Railroad Company. See Morris & Essex Railroad Co. v. The Mayor and Common Council of the City of Newark, 2 Stockton’s Chancery Reports (N. J.) page 352; Williams v. The New York Central Railroad Company, and many authorities referred to by counsel and court, 18
REVERSED.