Trimble v. King
Court of Appeals of Kentucky
CASE 1 — ACTION BY R. P. P. TRIMBLE AND OTHERS AGAINST DAN KING FOR OBSTRUCTING A PASS-WAY. Appeal from Logan Circuit Court. "W. P. Sandidge, Circuit Judge. Judgment for defendant, plaintiff’s appeal SUMMARY.
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CASE 1 — ACTION BY R. P. P. TRIMBLE AND OTHERS AGAINST DAN KING FOR OBSTRUCTING A PASS-WAY. Appeal from Logan Circuit Court. "W. P. Sandidge, Circuit Judge. Judgment for defendant, plaintiff’s appeal SUMMARY. Upon the whole case taking into consideration all the facts, and giving such construction as is in every case most unfavorable to appellants, and in the light of the law as so often declared by this court, and resolving every doubtful proposition against appellants, we confidently submit to the court, that beyond any and every question the roadway in controversy has been dedicated 10 the…
1Opinion of the Court
*4Opinion op the Court by
Judge Carroll
Affirming.
The appellants, Trimble, Crocker, Riggins, and Empson, filed their petition in equity against the appellee, King, in which they sought to require him to remove the obstruction in and upon a passway, to the use of which they alleged they and the public were entitled. It appears from the evidence that H. M. Trimble for many years prior to 1903 owned the land over which the passway in controversy extended, and that for 50 years or more it was open to.the public and free from gates or other obstruction, and so remained until about 1898, when a tenant…
2Cases cited2 opinions
- Foster v. ShreveCourt of Appeals of Kentucky · 1869
- Alexander v. Woodford Spring Lake Fishing Co.Court of Appeals of Kentucky · 1890
3Cited by18 opinions
- McMorran Milling Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1920
- Illinois Central Railroad Company v. WardCourt of Appeals of Kentucky (pre-1976) · 1931
- Stark v. Petty Bros.Court of Appeals of Kentucky · 1922
- Niles v. MeadeCourt of Appeals of Kentucky · 1920
- Bush v. Chenault'sCourt of Appeals of Kentucky · 1917
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