Wagner v. Fairlamb

Defendants in error, who were plaintiffs in the trial court, will be referred to as plaintiffs in this opinion. They alleged that they have a right-of-way for a recently constructed road to the south half of the Bradley claim across mining property owned by defendant. The issues were made by an amended complaint and the answer thereto. Trial was had to the court with an advisory jury, with the result that plaintiffs obtained judgment for the right-of-way claimed plus damages of $150.00. The judgment entered was based upon the existence of an implied easement, stemming from a common grantor,…