Skaggs v. Skaggs

WADDILL, Commissioner.

The appellant, Walter Skaggs, filed this action to enjoin the appellee, Jerry Skaggs, from using a passway the former had acquired by condemnation over the latter’s land and for damages for trespass thereon. The court sustained a general demurrer to the petition as amended and. upon appellant’s declining to plead further, dismissed the petition.

Appellant contends that appellee has no right to use the passway without compensating him. In support of his contention he relies upon KRS 381.630, which provides:

“Nothing in KRS 381.580 to 381.620 shall operate to give any…