Roberts v. Burkhart

Opinion of the Court by

Judge Cammack

— Affirming.

Floyd and Sallie Burkhart instituted this proceeding to have Mr. and Mrs. George Roberts remove certain obstructions which they had placed in a passway through their farm and to have them permanently enjoined from impairing the passable and ufeable condition of the way. The land owned by the Robertses abuts Highway 80 in Laurel County and that of the Burkharts is some 300 yards back from the highway. The passway in question is used by the Burkharts in getting to the highway. The Robertses denied the allegations as to the Burkharts’ prescriptive…