READER RAILROAD v. GREEN

No. 5-1311.

305 S.W.2d 327 (1957)

READER RAILROAD, Appellant, v. Allen GREEN, Appellee.

Supreme Court of Arkansas.

September 30, 1957.


Attorney(s) appearing for the Case

Gaughan, McClellan & Laney, Camden, for appellant.

L. B. Smead and James M. Rowan, Jr., Camden, for appellee.


McFADDIN, Justice.

The refusal of the trial court, to award damages for wrongful issuance of a temporary injunction, is the only point at issue on this appeal.

The Reader Railroad, a common carrier (hereinafter called "Reader"), had a spur track that crossed the land owned by appellee, Allen Green.1 This track served a gravel pit, and was frequently used prior to 1946. After that year there was little, if any, use of the said spur...

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