Rogers v. Donovan

This is an action to recover damages for interference with an easement of way which plaintiffs claim to have acquired by prescription. Defendants interposed an answer which the trial court treated as raising an equitable defense which was tried first. The court found in favor of defendants and since the issues decided at that stage in the proceedings were determinative of the issue raised by plaintiffs, the court dismissed plaintiffs’ complaint. Plaintiffs appeal, contending that they were deprived of their right to a trial by jury.

The complaint alleged that plaintiffs were owners of a…