JOHNSON v. ROY


279 S.W.2d 20 (1955)

Thomas JOHNSON, Appellant, v. Lee ROY et al., Appellees.

Court of Appeals of Kentucky.

May 6, 1955.


Attorney(s) appearing for the Case

Fritz Krueger, Somerset, for appellant.

Merial Harris, Somerset, for appellees.


HOGG, Judge.

This is a passway case. Its width is the only question involved on this appeal. Its existence as appurtenant to the land of plaintiffs (appellees) is established beyond doubt. The trial court held that the easement existed.

On this appeal the owner of the servient estate (appellant) contends that the lower court erred in fixing the width of the passway at 18 feet, and insists that its width should have been fixed no greater than 15 feet.

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