Young v. Hicks

This suit was brought by petitioners, Zearl T. Young and H. E. Field, for damages and for an injunction requiring C. D. Hicks, Jr. to remove two gates and two fences that interfered with petitioners’ use of a road. The trial court granted the injunction, but the court of civil appeals reported at 553 S.W.2d 1 (Tex.Civ.App.1977) reversed and ordered a trial of all issues.

Testimony at trial indicated that the general public had been using the unpaved road for at least sixty years and that the county periodically had maintained the road. Hicks’s land lay on the east side of the road and Young’s…