McClintock v. Richlands Brick Corp.

The outstanding facts in this case may be thus stated: The appellants, then residing at Jewell Ridge, Tazewell county, own two adjoining vacant lots, the westerly side of one of which abuts upon Virginia street, in the town of Richlands, in that county, upon which street the Richlands Brick Corporation has constructed a tramway, or railway, for the purpose of hauling clay and shale in tram cars to its brick kilns for the manufacture of brick. Their claim of the right so to use the street is based upon a special act of the General Assembly and an ordinance of the town passed pursuant thereto.…