Williams v. Slate

CLAY, Commissioner.

Appellants in this suit sought to enjoin appellee from maintaining a barricade across a passway on land owned by him which allegedly had long been used by the general public. The Chancellor granted appellants substantial relief by enjoining appellee from closing the passway to the general public “traveling on foot, on horseback, or in small vehicles”. It is appellants’ contention that they had the right to use it as a coal-haul road for heavy trucks.

The sole issue in this case is whether the “prescriptive” right of the public in this passway was sufficiently broad to…