Martino v. Fleenor

Opinion by

Mr. Justice Day

We will refer to the parties either by name or as they appeared in the trial court where the Fleenors, Bessie Lee Hope Ryan and R. E. Rodgers were plaintiffs and the Martinos were defendants.

The validity of a judgment and decree establishing a private roadway over lands owned by the Martinos is challenged by this writ of error. The defendants assign cross error to that portion of the decree designating the road as a private way, whereas the plaintiffs contend that all of the evidence establishes that the road is a public one.

The facts are not in dispute. The legal…