Mather-Klock, Inc. v. Plymire

Opinion by

Mr. Cpiiee Justice Maxey,

This is an appeal from the decree of the court below dissolving a preliminary injunction. Plaintiff brought a bill to restrain the defendant’s alleged trespassing over plaintiff’s land, “both on foot and by automobile”. It was alleged that the trespasses were “almost daily” and “without the shadow of right” and that they interfere with the plaintiff’s “use and cultivation of the said field”. In plaintiff-appellant’s history of the case it is stated that “the use of the disputed way as an accommodation and a short-cut was occasional, intermittent and…