Little

On December 5, 1949, a judgment in favor of plaintiff Little and against defendants Schwartz and Kellogg was entered in a quiet title action decreeing plaintiff to be the owner of a certain right of way passing over lands owned by defendants, and enjoining the latter from maintaining a lock on the gates thereto or interfering with plaintiff’s freo use of the same. Ten years later on May 20, 1959, defendant Schwartz moved the lower court to modify the injunctive portion of the judgment to permit him to lock the gates to the driveway on the basis of a change of circumstances which has resulted in considerable damage to his property over which the right of way passes; he does not seek to in any way interfere with plaintiff’s use of the road and is willing to install any kind of lock or dial satisfactory to plaintiff and provide him and those lawfully coming onto plaintiff’s property with keys thereto. The minute order is silent concerning the lower court's reason for denying the motion, but the record clearly shows the ground of denial to be a lack of power to modify the injunctive order. It was conceded by the trial judge that the evidence supported a sufficient change of…