Levenson Investment Co. v. Whitehead

Undercofler, Justice.

This appeal is from the denial of an interlocutory injunction. The dispute involved is *681whether the plaintiff has acquired a prescriptive right to use certain property of the defendant as a means of ingress and egress to its property. The evidence presented at the hearing was in conflict. Held:

Argued May 15, 1973 Decided May 31, 1973 — Rehearing denied June 21, 1973. Schwall & Heuett, Stan M. Lefco, for appellant. Smith, Cohen, Ringel, Kohler, Martin & Lowe, William G. Grant, for appellees.

The evidence on the material issues involved was in conflict; and where this is…