Charleston & Western Carolina Railway Co. v. Fleming

1. James L. Fleming sought to enjoin the Charleston and Western Carolina Railway Company from obstructing a certain private way traversing its tracks. On the hearing for interlocutory injunction the court granted the same, and the railway company appealed said judgment to this court. A full synopsis of the pleadings and the evidence appears in the reported case. 118 Ga. 699. It was there decided that the plaintiff did not have a grant to the private way described in his petition; neither did he have a prescriptive right to use said private way. The legal principles therein announced must…