CHURCH v. YORK

19149.

212 Ga. 135 (1956)

91 S.E.2d 9

CHURCH v. YORK et al.

Supreme Court of Georgia.

Decided January 9, 1956.


Attorney(s) appearing for the Case

R. C. Scott, for plaintiff in error.

Kimzey & Kimzey, Herbert B. Kimzey, Irwin R. Kimzey, contra.


ALMAND, Justice.

Mrs. George C. Church sought by an equitable petition to enjoin Massey Concrete Company, a partnership, and another, from constructing a sidetrack that would interfere with the free passage over a private right-of-way running from the plaintiff's residence across the property of Massey Concrete Company. On the hearing of the prayer for an interlocutory injunction, the trial judge found as a matter of fact that, more than 15 years ago, the plaintiff...

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