Church v. York

Almand, Justice.

Mrs. George C. Church sought by an equitable petition to enjoin Massey Concrete Company, a partnership, and another, from constructing a sidetrack that would interfere with the free passage over a private right-of-way running from the plaintiff’s residence across the property of Massey Concrete Company. On the hearing of the prayer for an interlocutory injunction, the trial judge found as a matter of fact that, more than 15 years ago, the plaintiff and the predecessor in title of Massey Concrete Company made an agreement whereby a private right-of-way for the purpose of…