Rominger v. City Realty Company

STEWART, Judge.

Plaintiff, Donald E. Rominger, sought in circuit court to establish a passway, both public and private, over a tract of land owned by defendant, City Realty Company, Incorporated. Additionally, plaintiff asked for $5,000 damages for the obstruction and partial destruction of the passway against the owner of the tract and two contractors, J. W. Risk and James C. Todd, who did excavating upon the land under a contract with the owner. An injunction to restrain the further impairment of the passway was also prayed for.

Upon trial of this action before a jury, the lower court…