South Central Tennessee Railroad Authority v. Harakas
Court of Appeals of Tennessee
1Opinion of the Court 1
OPINION
2Opinion of the Court · CottrellCottrell, J.
KOCH, and CAIN, JJ., joined.
Plaintiffs, the owner and lessee of property on which a railroad track was located, obtained a temporary injunction prohibiting Defendants, owners of adjacent property, from building a house on what Plaintiffs alleged was their right-of-way. After Defendants presented evidence that Plaintiffs possessed only an easement as needed for railroad operations, rather than a right-of-way, the court dissolved the temporary injunction and denied a permanent injunction. Defendants then filed a motion to assess damages and enforce liability of surety on injunction bond…
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