Carrigan v. Kurtz

Opinion op the Court by

Judge Cammaok

^Reversing.

Appellant, Caroline D. Carrigan, sought to restrain appellee John Kurtz from continuing to use a roadway which he had opened across her property in the summer of 1936 to reach a ferry landing, and to recover damages for the opening of the roadway. Kurtz filed an answer, setoff) counterclaim and cross petition, claiming that the roadway in question was a public passway, and that he had sustained damages from appellant’s efforts to stop persons from using same. The part of Kurtz’s answer claiming damages was stricken, and by agreement of the…