Nashville, Chattanooga & St. Louis Ry. v. Coats

The defendant in error brought suit against the railway conqpany to recover damages alleged to have been sustained in consequence of the wrongful and tortious closing up of a private way which led across the railroad company’s right of way. It appears from the petition and the amendments thereto that the plaintiff in his pleadings based his cause of action upon the fact that the road alleged to have been wrongfully closed up was a private way by prescription, having been used continuously for over seven years; and it was also alleged that the plaintiff had used' the way for more than one…