Smith v. Harris

The opinion of the court was delivered by

Schroeder, J.:

This is the second appearance of this action in this court. (See Smith v. Harris, 178 Kan. 183, 284 P. 2d 611.)

This action arose over a driveway easement dispute in which the plaintiffs below, owners of the dominant estate, sought "to enjoin the defendants, owners of the servient estate, from interfering with their use of the easement. The trial court denied a permanent injunction, quieted title to the defendants’ property and awarded damages for the issuance of a temporary injunction. The plaintiffs appeal from the judgment against them…