Cadwell v. Dunfee

Parties here appear as in the lower court.

Plaintiff sued defendants in the district court of Fremont county for damages alleged to have been occasioned by defendants’ interference with the use of plain tiff’s claimed “way of necessity” across defendants’ land, and for an injunction restraining defendants from further interference therewith. Upon a trial to the court, it found for the defendants and entered judgment for their costs.

During the trial, it being contended by defendants that the statutes were not complied with and no way thereby established, plaintiff’s counsel abandoned this claim…