Coyle v. Elliott

Opinion op the Court by

Judge Quin

Affirming-.

This proceeding was instituted'.by plaintiff (appellee) under Kentucky Statutes, vol. 3, section 37'79a-l, for the purpose of acquiring a private passway over the land of defendant.'. .Said section provides, in substance, that whenever it .shall appear to a county court that it is necessary for a citizen to have a private passway over the land of another to enable him to attend court, elections, etc., that the court shall appoint commissioners who shall gQ upon the land and shall report whether the pas'sway is necessary to the applicant for the…