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300 Ky. 422

189 S.W.2d 524

Matthews v. Hale

Court of Appeals of Kentucky (pre-1976) · decided 1945-06-19

Relies on Lipps v. Marcum

Good law ✅— No negative treatment on recordhow we know

Decided 1945-06-19

How this case has been cited

Cited by 15 later decisions — most recently August 2010

7 federal appellate · 7 state decisions

4019451950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Opinion op the Court by

Van Sant, Commissioner

¶2 Affirming.

¶3 Appellants filed the action against appellee, in an endeavor to enjoin him from continuing to use a roadway through their farm in Laurel County. The regular Judge of the Laurel Circuit'Court granted a temporary injunction, which was dissolved by Judge Cammack, in concurrence with three other Judges of this Court. On return of the case, additional evidence was introduced by both parties and the cause submitted, by agreement, to_ a special Judge, who denied the injunction and dismissed the petition.

¶4 •There is but one issue, and that is one of fact, viz., whether the passway in question is public or private in its character. We have read carefully all of the evidence contained in the record. Appellants introduced twelve witnesses who testified that the road is a private passway, or to facts from which- an inference to that effect reasonably may be drawn. Appellee introducéd fifteen witnesses who testified that the road is a public passway, or to facts from which an inference to that effect reasonably may be drawn. The evidence obviously is conflicting. This Court will not disturb the finding of fact of a chancellor on conflicting testimony, unless it is clearly against the weight of the evidence, which it is not in this case. Lipps et al. v. Marcum, 297 Ky. 225, 179 S. W. 2d 884.

¶5 Judgment affirmed.

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