Reader Railroad v. Green

Ed. F. McFaddiN, Associate 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 track; and in 1952 Reader began removing the rails. Thereupon, appellee Green filed the present suit in the Chancery Court to enjoin Reader from…