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86 U.S. 42 (____)
19 Wall. 42
RICHARDSON
v.
PITTSBURGH.
Supreme Court of United States.
*44 Messrs. Vinton and Hapgood, for the plaintiff in error.
Mr. D.F. Butterfield, contra.
*47 MR. JUSTICE GRIER delivered the opinion of the court.
The railroad company had no right to erect the fence, and the acts of Congress which in part authorize such fence are intended solely to protect the property of the company. But it is not doubted that a railroad company may prohibit trespass upon its property, and in a proper case the courts will enforce the prohibition by an injunction. But in the present case the *48 railroad company had the right to erect the fence, and the trespass upon its property was in open hostility to the company's title. It was in virtue of this right that it was able to exclude the trespasser. The trespasser has been excluded from its property and prevented from trespassing in future, and this may be done without the aid of any statute.
Neither can the railroad company be compelled to pay damages for a trespass, which it has the right to prohibit by injunction. To allow a railroad company to obtain a perpetual injunction from a court of equity, and, at the same time, compel it to pay damages to the trespasser, would result in holding it liable for damages 0b46394aab
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