Cobb v. Daugherty

KETCHUM, Justice:

This action concerning the law of easements by implication — specifically, easements implied by necessity and easements implied by prior use — is before this Court upon the appeal of Thomas S. and Christine A. Daugherty from the December 22, 2008, order of the Circuit Court of Kanawha County, West Virginia, denying their renewed motion for judgment as a matter of law and their alternative motion for a new trial.

The appellees, Ronald D. and Deborah H. Cobb, adjoining neighbors of the Daughertys, filed an action in the Circuit Court alleging, inter alia, the right to an…