Johnson v. Roy

HOGG, Judge.

This is a passway case. Its width is the only question involved on this appeal. Its existence as appurtenant to the land of plaintiffs (appellees) is established beyond doubt. The trial court held that the easement existed.

On this appeal the owner of the servient estate (appellant) contends that' the lower court erred in' fixing the- width of the' pass-way at 18 feet, and insists that its- width should have been fixed no greater than 15 feet.

The evidence greatly preponderates that the passway for more than , a half-century was a wagon road, unfenced. Its use under claim of right…