Hoffman v. Smith

MILLER, Justice:

This is an appeal by Olen R. and Gladys Hoffman from an order entered by the Circuit Court of Preston County on October 12, 1982. By that order the court ruled that James and Connie Smith had a twenty foot wide right-of-way across the Hoff-mans’ farm. The court also ruled that the Smiths could replace gates along the right- of-way with cattle guards. 1 On appeal, the Hoffmans claim that the court erred in allowing the Smiths to replace gates with cattle guards. 2 They also claim that the court erred in ruling that the Smiths’ right-of-way was twenty feet wide when the evidence…