When Green filed his suit on March 10, 1952, he also filed a bond and obtained from the Chancery Court a temporary restraining order preventing Reader from removing the rails. Green alleged that the spur line had been abandoned for many years and that the rails had become his property because of such abandonment. Thereupon, appellee Green filed the present suit in the Chancery Court to enjoin Reader from removing the rails. After that year there was little, if any, use of the said spur track and in 1952 Reader began removing the rails. 1 This track served a gravel pit, and was frequently used prior to 1946. The Reader Railroad, a common carrier (hereinafter called 'Reader'), had a spur track that crossed the land owned by appellee, Allen Green.
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#Green man reader with book road sign arkansas trial#
The refusal of the trial court, to award damages for wrongful issuance of a temporary injunction, is the only point at issue on this appeal.
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Gaughan, McClellan & Laney, Camden, for appellant. 4, 66 A.L.R.2d 1128 READER RAILROAD, Appellant,Īllen GREEN, Appellee.