Yates v. Dixie Fire Insurance

Clark, 0. J.

The plaintiffs complain that they are part owners of the soil .of a certain alleyway through which the defendants have a right of way, but no property interest in the soil, and that said defendants, in derogation of the legal rights of the plaintiffs, have begun 10 feet above the said alley to build across and above said alley a permanent, structure connecting the buildings on either side which belong to the defendants, and will thereby take from the plaintiffs their 'rights, as owners of the said soil, above ground.

The plaintiffs obtained a restraining order'till 28 March, 1914,…