Hudgens v. Register

CLAY, Commissioner.

This controversy involves the right of a private person to condemn a private passway over the land of his neighbor under KRS 381.580, .and also the nature of the use to which the passway may he put. The two phases of the controversy arise out of two separate suits which have been consolidated on appeal and will be disposed of in this one opinion.

Appellees brought suit in the Warren County Court to condemn a private pass-way over the land of appellants as authorized.by KRS 381.580. The petition set forth all of the grounds mentioned in the statute, but the proof developed…