Commonwealth Ex Rel. Watkins v. Winchester Water Works Co.

Opinion of the Court by

Judge Dawson

Reversing.

This action seeks a declaration of the rights of the parties pursuant to the provisions of Section 639a- — 1 et seq. of the Civil Code of Practice. The lower court granted the relief sought and this appeal presents the single question of whether or not such an actual justiciable controversy exists as would give the court jurisdiction.

The facts are stipulated and are as follows:

On January 8, 1891, the Winchester and Kentucky River Turnpike Company, the owner at that time of the Boonesboro turnpike (now Route No. 227), by deed granted an easement to…