Tate v. Seaboard Air Line Railway Co.

This is an action to enjoin, and also to recover damages for, the blocking of a “crossing” by the defendant’s train near Nor-lina, N. C. In February, 1912, the defendant purchased 60 acres of land from W. R. Creed & Co. in order to enlarge its yards at Norlina, and soon thereafter constructed five tracks across the same in pursuance of that purpose.

The plaintiffs, prior to the purchase of this land by the defendant, had a contract with said W. R. Creed & Co. for handling timber on a 2,400-acre tract of land on the south side of the defendant’s track. The planing mill of the plaintiffs to…