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HUDGENS v. REGISTER

285 S.W.2d 504 (1955)

E. D. HUDGENS et al., Appellants, v. Celso J. REGISTER et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 27, 1956.

Attorney(s) appearing for the Case

Bell & Orr, Chas. R. Bell, Bowling Green, for appellants.

Marshall Funk, Bowling Green, for appellees.

CLAY, Commissioner.

This controversy involves the right of a private person to condemn a private passway over the land of his neighbor under KRS 381.580, and also the nature of the use to which the passway may be put. The two phases of the controversy arise out of two separate suits which have been consolidated on appeal and will be disposed of in this one opinion.

Appellees brought suit in the Warren County Court to condemn a private passway over the land...

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