Legal Opinion

Barrall v. Quick

Court of Appeals of Kentucky

Decided May 28, 1901PublishedCited by 2 opinions

Case 2 — Proceeding to Open a Passway APPEAL FROM BULLITT CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. This appeal is prosecuted from a judgment of the Bullitt circuit court allowing a private passway. over the lands of appellant in favor of appellee.

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Case 2 — Proceeding to Open a Passway APPEAL FROM BULLITT CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. This appeal is prosecuted from a judgment of the Bullitt circuit court allowing a private passway. over the lands of appellant in favor of appellee. The case was 'originally tried .in the 'Bullitt county count, and in that court there was a judgment rendered in behalf of appellee, and appellant was adjudged $20 by way of damages, and one R. E. Stulk, who was co-defendant with him in the county court was allowed $5. From this judgment Barrall appealed to the circuit court and…

1Opinion of the Court

Opinion of the court by

FUDGE GUFFY

Reversing.

The appelle'e applied to the Bullitt county court for a passway over the land of appellant, beginning at a point designated to a certain other point named in the proceedings, which it was claimed was necessary to enable appellee to reach a railroad depot, county road, mill and church. The report of the commissioners showed that the passway was necessary, and the county court allowed twenty dollars damages to appellant Barrall, and five dollars dam ages to one Stulk, who, it appears, had leased part of the land from the said Barrall. From the…

2Cited by2 opinions

  1. Broadway Coal Mining Co. v. SmithCourt of Appeals of Kentucky · 1910
  2. Wolfe v. BaileyCourt of Appeals of Kentucky · 1919

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