Ross v. Steele

Opinion op the Court by

Judge Richardson

Affirming.

The paramount question presented by this appeal is one of fact. The appellant asserts a prescriptive right to a private passway on the land of the appellees, appurtenant to a tract of land on which he has a coal mine, situated on Duck fork of Sturgeon creek in Lee county, Ky. He charges that the appellees have interrupted and prevented, by wire, brush, and other obstructions, his use of the passway which he claims is necessary for the delivery of the coal from his mine to his customers. The appellees deny both the existence and his right to the…