The KRYSTAL CO. v. Carter

Deen, Presiding Judge.

Appellee Carter brought an action in trespass against appellant Krystal, alleging that contractors engaged in leveling land preparatory to construction of a Krystal restaurant were impermissibly dumping fill on the adjacent portion of his acreage and covering the road providing the sole access to the rear of his property. Upon first obsérving the allegedly impermissible activity, Carter had orally demanded that the land be vacated, but was informed that the work was being done pursuant to an easement. Carter denied the existence of any such easement and had his attorney…