Vice v. Eden
Court of Appeals of Kentucky
Cask 36 — Proceeding by Eden againt Vice, &c. to Establish a Passway. APPEAL FROM NICHOLAS CIRCUIT COURT. Judgment fob Applicant and Defendants Appeal. The appellee who is suing for a private passway over appellants’ land, testified in his own behalf that he owns and resides upon a large tract of land and that this land adjoins “The Mt. Zion Turnpike Road” on one side-and “The Little Flat County Road” on the other side and hence testified that he already" had two outlets.
Read the full summary
Cask 36 — Proceeding by Eden againt Vice, &c. to Establish a Passway. APPEAL FROM NICHOLAS CIRCUIT COURT. Judgment fob Applicant and Defendants Appeal. The appellee who is suing for a private passway over appellants’ land, testified in his own behalf that he owns and resides upon a large tract of land and that this land adjoins “The Mt. Zion Turnpike Road” on one side-and “The Little Flat County Road” on the other side and hence testified that he already" had two outlets. A trial was had in the county court and appealed to the circuit court and there resulted in a verdict and judgment in…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Reversing.
Appellee, John P. Eden, instituted this proceeding against appellants, Thomas Vic;1 and Mary F. Baird, (o establish •a passway from his land over theirs out to a turnpike. The commissioners appointed in the county court reported in favor of the passway, assessing the damages to Vice at $(50 •and to Mary Baird at $25. They filed exceptions to the commissioners’ report, questioning the necessity of the passway, and the amount of the damages allowed. A. jury was impaneled to try the exceptions, and they, by their verdict, found just as the…
2Cited by12 opinions
- City of Oakland v. Pacific Coast Lumber & Mill Co.California Supreme Court · 1916
- Broadway Coal Mining Co. v. SmithCourt of Appeals of Kentucky · 1910
- Music v. Big Sandy & Kentucky River RailroadCourt of Appeals of Kentucky · 1915
- Kentucky Properties Holding LLC v. SproulKentucky Supreme Court · 2016
- Louisville & Nashville Railroad v. WardCourt of Appeals of Kentucky · 1912
7 more not listed; retrieve them via the Exa API.