Newberry v. Hardin

STEWART, Justice.

This is the second appeal of this case. See Newberry v. Hardin, 290 Ky. 394, 161 S.W.2d 369. In the first litigation the lower court adjudged Grady Newberry “a reasonable right of way over the property claimed by plaintiff (Mary L. Hardin) along the creek bank”. This judgment was affirmed on the appeal, but no court order fixed the width of the right of way. The instant action was precipitated by the refusal of Mrs. Hardin, the former plaintiff, to permit Newberry to use the passway for vehicular traffic.

In the present suit instituted by Grady Newberry, in which his wife is a…