Page:Federal Reporter, 1st Series, Volume 4.djvu/702

688 FEDERAL REPORTER ���Northern Pacific Railroad Company v. St. Paul, Min- NËAPOLis & Manitoba Railway Company and others. �{Circuit Court, D. Minnesota. December, 1880.) �1. Injunction — Bond ofIndemnitt. — Courts of equlty wlll sometimes �substituts a bond of indemnity for an injunction, if the ends of jus- tice will thereby be promoted, and espeoially if any public interest may sutîer by continuing the injunction in force pending the litiga- tion. �2. Bame— Samb. — It is within the ordinary powers of a court of chancery �to accept such a bond when proceeding according to the general principles of equity. �3. Fedehal Courts — Eqtjitt. — Such general principles are administered �by the federal courts of equity in ail cases, and in every state, irre- spective of local laws and state practice. �4. Injunction — Bond of Indbmnitt. — Hdd, therefore, in this case, �where a prompt assessment of damages could not, in ail probability, be had, and where the right of the coraplainant to any damage was a matter of dispute, depending for its solution upon doubtful questions of law and fact, that a court of chancery might, instead of stopping the progress of a great work of internai improvement, of general and public as well as of private importance, require a bond to be given, and allow the construction to go on. �Motion to Dissolve Injunction. �Gilman d Clough, for complainant. �R. B. Galusha and Bigelow, Flandrau e Clark, for respond' ents. �McCrary, C. 3. The complainant owns and has for yeara operated a line of railroad running across the state of Min- nesota, constructed by virtue of authority conferred by cer- tain acts of congress in this bill mentioned. The respondents are the owners of another line of railroad, now in process of construction under authority conferred by the state of Min- nesota, as alleged in the answer. Each of these companies has power to acquire, by purchase or condemnation, the land required for right ci way, depôt, grounds, etc. The lines of the two railroads cross each other at a point near Fargo, in the state, the exact point of crossing beiug on the N. W. ^ of section 9, township 139, range 8, in the county ����