Salmon v. Martin

Opinion of the Court by

Judge Miller

Affirming.

This action was brought by Martin and Yeiser against Salmon and his tenant, Tanner, to compel them to remove a fence which they had erected so as to obstruct a passway 36 feet wide, and to recover $201.00 damages therefor. The court granted the relief asked; and required the defendants to leave an unobstructed passway 22 feet wide at its western end, and at least 20 feet wide at a point five hundred feet east thereof. It, however, dismissed plaintiffs’ claim for damages. From that judgment all parties appeal; the plaintiffs appealing from so much…