Cummings v. Fleming County Sportsmen's Club, Inc.

PALMORE, Judge.

The appellee, Fleming County Sportsmen’s Club, Inc., hereinafter called the Club, brought this action to enjoin the appellant, Frances Cummings, from obstructing a passway leading from a public highway to a 6-acre tract of land owned by the Club. Mrs. Cummings appeals from a judgment granting the injunction, based upon a finding that the passway had become a public way through public use for the statutory period of 15 years. It is our conclusion that the evidence does not reasonably support such a finding and is therefore clearly erroneous. CR 52.01.

The passway in question runs…