Tate v. . R. R.

This is an action to enjoin, and also to recover damages for the blocking of a "crossing" by the defendant's train near Norlina, 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 planning mill of the plaintiffs to which the…