Shively v. Board of County Commissioners

Opinion by

Mr. Justice Day.

This writ of error challenges the validity and correctness of a decree of the trial court which ruled that a rugged mountain trail or roadway through the property of the plaintiffs in error is a public road as defined in C.R.S. 1963, 120-1-1. We will refer to them as defendants — as they appeared in the trial court — or by name; Eagle County will be referred to as the County, and the County Commissioners as the Commissioners.

Involved herein is what one of the witnesses described as “a typical country road.” It has a name — Squaw *355Creek Road. It is well defined and can…