Sams v. Seaboard Air Line Railroad

Almand, Justice.

The judgment under review is one dismissing, on motion made by the defendant, a petition praying for injunctive relief and damages. The plaintiff, Charles J. Sams, in his two-count petition sought to restrain the defendant, Seaboard Air Line Railroad Company, from closing or discontinuing a roadway and bridge over the railroad’s right of way and to recover damages. The plaintiff in count 1 claimed the right to use the bridge as a means of egress and ingress from his property to a public road by reason of prescriptive use and in count 2 on the basis of implied qualified…