95 A. 442 | R.I. | 1915
This is a bill in equity by which the complainants seek to permanently enjoin the respondents from erecting certain permanent structures above and across a certain gangway through which the complainants have the privilege of passing.
The bill was filed June 29th last, and the cause was heard on the prayer for a preliminary injunction on the 13th day of July following. At the hearing the complainants' solicitor read into the record the portion of the will creating the easement claimed to be interfered with and made certain statements of relevant facts which were apparently accepted as true by respondents' solicitors. The bill of complaint is sworn to. The respondents admitted the intention to erect the structures complained of, but offered testimony tending to show that they would not materially interfere with the reasonable enjoyment of the complainants' easement. The Superior Court granted the prayer for a preliminary injunction and a decree to that effect was entered July 15. The cause is before this court on appeal of respondents from this decree.
The bill in equity, the reported testimony and the record otherwise have been read and considered with care. The issuance of a preliminary injunction rests in the sound discretion of the court and as a rule the exercise of this discretion will not be interfered with on appeal unless it be reasonably clear that it has been exercised in an illegal manner. 16 Am. Eng. Encyc. of Law, 345, and cases cited under note 3; Clark v. Wooster,
The appeal is denied and dismissed.
