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HOFFMAN v. SMITH

No. 15916.

310 S.E.2d 216 (1983)

Olen R. HOFFMAN, et al. v. James SMITH, et al.

Supreme Court of Appeals of West Virginia.

December 14, 1983.

Attorney(s) appearing for the Case

James A. Kent, Jr., Morgantown, for appellants.

James T. Dailey, Jr., Kingwood, Mike Magro, Jr., Morgantown, for appellees.

MILLER, Justice:

This is an appeal by Olen R. and Gladys Hoffman from an order entered by the Circuit Court of Preston County on October 12, 1982. By that order the court ruled that James and Connie Smith had a twenty foot wide right-of-way across the Hoffmans' farm. The court also ruled that the Smiths could replace gates along the right-of-way with cattle guards.1 On appeal, the Hoffmans claim that the court erred in allowing the Smiths...

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