Hornof v. Klee

Frank T. Gallagher, Justice.

This is an appeal from a judgment of the district court.

Plaintiffs, owners of certain real estate in Beltrami County which adjoins defendants’ land, seek a determination that they are owners of a right-of-way easement over defendants’ land and they also seek a permanent injunction to prevent interference with the easement by defendants.

Defendants answered and counterclaimed for money damages for trespass, claiming that plaintiffs’ use of the roadway was permissive as licensees.

The court submitted to the jury the question of whether plaintiffs had an easement by…