Moore v. Bentley

Opinion of the Court by

Judge MeCandless

Affirming.

R. E. Bentley owns a small farm without any outlet. For many years he had permissive use of a private pass-way running over an adjoining tract of 112 acres to the public road. In the year 19— this tract was purchased by Miss Mary Moore and the passway closed.

In a proceeding in the county court under section 3779a, Ky. Statutes, Bentley sought an establishment of a passway along the old route. The commissioners’ report conformed to the petition as to the necessity and route of the passway, provided for the location of gates and fixed the…