Anderson v. Felten

Batjer, J.,

with whom Gunderson, J., agrees, dissenting:

I respectfully dissent from the holding of the majority. The maps and photographs in evidence as well as the testimony of August Kettenberg indicate at least the existence of an “unimproved, unpaved, diagonal path through the sagebrush approximately one car wide” leading from the “Foothill Road” to both parcels of appellant’s property. Kettenberg’s testimony indicates some use of the road by the general public for many *541years. As the Colorado Supreme Court said in Brown v. Jolley, 387 P.2d 278 (Colo. 1963), “A road may be a highway though…