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NEWBERRY v. HARDIN

248 S.W.2d 427 (1952)

NEWBERRY et al. v. HARDIN et al.

Court of Appeals of Kentucky.

April 25, 1952.

Attorney(s) appearing for the Case

Clyde L. Miller, Louisa, for appellants.

Jasper H. Preece, Inez, J. B. Clark, Paintsville, for appellees.

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,...

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