Fitzpatrick v. Warden

Opinion of the Court by

Judge Miller

Affirming.

This is a proceeding by Fitzpatrick to condemn a private passway over the land of Warden. It was 'brought under section 4348 of the Kentucky Statutes, the first and sixth sections thereof reading as follows:

“(1) Whenever it shall appear to a county court, that it is necessary for a person to have a private pass-way over the land of one or more persons to enable him to attend courts, elections, a meeting house, a mill, warehouse, ferry, a railroad depot, most convenient to his residence or whenever it shall appear to a county court, that it is…