Cavin v. Ostwalt

COZORT, Judge.

Plaintiff brought an action against her neighbor to enjoin his use of a road which ran across plaintiffs property to defendant’s property. Defendant’s answer contended the road was a public street, and, in the alternative, petitioned for a cartway pro ceeding. After receiving affidavits and minutes of various proceedings before the County Commissioners, the trial court found the property not to be a public street and granted summary judgment for the plaintiff, enjoining defendant’s use of the road. We reverse and remand. The facts and proceedings necessary to an understanding of…