Schupbach v. Newbrough

HARSHBARGER, Justice:

The Tyler County Circuit Court enjoined the Schupbachs from interfering with the Newbroughs’ use of a right-of-way across their property, and we are asked to reverse and remand for a new trial.

In December, 1980, the Schupbachs sued the Newbroughs to prevent them from going across their property to get to the Newbrough home, and for damages. The Newbroughs answered, denied the allegations, and counterclaimed for an injunction to prevent the Schupbachs from interfering with their use of the right-of-way, and for damages. The Newbroughs received a temporary restraining…