Boyer v. Clark

WADE, Justice.

This action was commenced by Joseph Lavern Boyer to have Middle Canyon Road declared a public highway, to restrain respondent, Clifford Clark, from interfering with travel by the public and for damages. This appeal is from a judgment adverse to appellant.

The road in question is a wagon trail which runs in a northerly direction up Middle Canyon and over a ridge into Grass Creek from State Highway 133, which goes easterly up Chalk Creek Canyon from Coal-ville to Upton, Utah and beyond. The junction of this wagon trail with State Highway No. 133 is in Section 33 on respondent’s…