Hollars v. Church of God of the Apostolic Faith, Inc.

PREWITT, Judge.

Defendant appeals from a judgment establishing a private road of necessity over its property. § 228.340, RSMo 1969. Defendant contends that this statute is not applicable because a public road passes alongside plaintiffs’ land.

Plaintiffs own 40 acres immediately west of defendant’s property. An accessible public road runs along the northern boundary of plaintiffs’ property. A “gorge”, “canyon”, “hollow”, “valley”, or “ravine”, as it is variously described, runs in an east-west direction dividing plaintiffs’ property approximately in half. We believe, based on the testimony and…