Akers v. Moore

STANLEY, Commissioner.

The appellants, who operate truck coal mines on the waters of Moore Branch, a tributary of Left Beaver Creek, in Floyd County, and other persons use the branch as a public way of ingress and egress from their property. They sued the appellees, the owners of property down and along the branch, seeking to have the court order *759'them to remove obstructions which they 'have deliberately placed in the roadway. It .appears that the bed of the creek is the road down to a point about 75 feet from a highway. The appellees denied the appellants had any right to use this road. The…