Phillips v. Texas & P. Ry. Co.

The following statement by the Court of Civil Appeals sufficiently outlines the subject-matter of this suit:

“J. T. Phillips and his wife sought by injunction to compel the railway company to open and maintain a crossing over its track and right of way at a point about three miles east of Detroit and near to their farm, they claiming to have acquired a right by prescription to the continued use of the particular crossing as a road or passway. The plaintiffs’ claim was founded solely on the allegation that they had acquired an easement in a particular roadway, running north and south from and…