Rollins v. Schwyhart

PREWITT, Judge.

Defendant appeals from a judgment of the trial court finding in favor of plaintiffs on their petition for an injunction and against defendant’s counterclaim.

Plaintiffs own land in Stone County, Missouri. In order to reach their land, plaintiffs use a roadway through defendant’s property. Because of plaintiffs’ alleged failure to maintain the roadway, defendant fenced the right of way on both sides and placed a gate across the roadway, denying the use of it to plaintiffs. Defendant contended plaintiffs lost their easement to the road by failing to maintain it. Plaintiffs then…