Swygert v. Roberts

Webb, Judge.

Pursuant to Code § 83-119, Julian Roberts petitioned the ordinary for an order requiring James Swygert to remove obstructions from a private way passing over Swygert’s land to the landlocked land of Roberts. Following a judgment in Roberts’ favor, Swygert appealed to the superior court for a de novo determination. Pursuant to a pre-trial order, the issues were narrowed to (1) whether a private way existed and (2) whether Swygert obstructed it. The jury returned a verdict in Roberts’ favor for the removal of the obstruction, and Swygert appeals.

It is conceded that Swygert…