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State court of last resort · ST-VA-SC
Norfolk Southern Ry. v. E.A. Breeden, Inc.
No. 131066Supreme Court of Virginia
131066 Norfolk Southern Ry. v. E.A. Breeden, Inc. 04/17/2014 The circuit court did not err in granting a permanent injunction to a landowner requiring a railroad to restore a private crossing over its tracks, …
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131066 Norfolk Southern Ry. v. E.A. Breeden, Inc. 04/17/2014 The circuit court did not err in granting a permanent injunction to …
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 17, 2014
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131066 Norfolk Southern Ry. v. E.A. Breeden, Inc. 04/17/2014 The circuit court did not err in granting a permanent injunction to a landowner requiring a railroad to restore a private crossing over its tracks, pursuant to a grade crossing agreement entered in 1940 between the parties' predecessors. The railroad had no jury trial right in this case, and an injunction is the appropriate remedy for enforcement of a real property right. A party seeking to enforce a real covenant is generally entitled to the equitable remedy upon showing the validity of the covenant and its breach, and a defendant may only avoid imposition of the equitable remedy by proving that such relief would create a hardshi…
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