Henson v. Webb

CAMMACK, Justice.

This action was instituted by the appellants, Homer Henson and Walter Harris, to condemn a 15½ foot passway through the land of the appellees, Jule and Edith Webb. The action was instituted under KRS 381.580 and KRS 381.630. The first section sets forth the conditions under which such an action may be maintained: The latter section provides that the right granted shall not be exclusive. The appellants had been using a 12 foot passway which ran around a hill and which was very difficult to- maintain. The new passway sought by the appellants was shorter and much more convenient…