Agnew v. Haskell

In this declaratory judgment proceeding, defendants Green appeal a judgment declaring that a road crossing their property is a public road by prescription or implied dedication, that plaintiff had acquired a prescriptive easement in the road where it crosses defendants’ property and that plaintiff has an irrevocable oral license to use the road for ingress and egress to his property. The only issue on appeal is whether the court erred in denying defendants’ request for trial by jury. We affirm.

Defendants argue that this is in the nature of an action at law and that they were therefore…