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LEVENSON INVESTMENT COMPANY v. WHITEHEAD et al.

UNDERCOFLER, Justice.

This appeal is from the denial of an interlocutory injunction. The dispute involved is whether the plaintiff has acquired a prescriptive right to use certain property of the defendant as a means of ingress and egress to its property. The evidence presented at the hearing was in conflict. Held:

The evidence on the material issues involved was in conflict; and where this is true, this court will not control the discretion vested in the trial judge in denying an interlocutory injunction. Code § 55-108. The present case does not fall within the exception to the general rule, where the question to be decided is one of law. Rooks v. Meyer, 217 Ga. 727 ( 124 S.E.2d 634); Carpenters Local Union No. 3024 v. United Brotherhood of Carpenters c., 220 Ga. 596, 599 ( 140 S.E.2d 876).

Judgment affirmed. All the Justices concur.

UNDERCOFLER, Justice.

ARGUED MAY 15, 1973 — DECIDED MAY 31, 1973 — REHEARING DENIED JUNE 21, 1973.
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LEVENSON INVESTMENT COMPANY v. WHITEHEAD
(May 31, 1973)