Whiteley v. Strickler

This appeal is by plaintiff from the denial of a temporary injunction against the obstructing of an alleged public highway which furnishes the only means of access from plaintiff’s property to a nearby county road.

*146To review the case at any great length would serve no useful purpose. The learned trial judge denied the injunction, upon the ground that plaintiff’s proof was insufficient in that it failed to show the establishment of the road by statutory user, the case for plaintiff having been rested upon section 2563, GL S. 1913, which is in part as follows:

“Whenever any road or portion…