Thomson v. Condas

HENRIOD, Justice:

Appeal from a judgment of no cause of action in a case tried to the court, where the complaint’s main thrust was to establish a “public thoroughfare” by more than 10 years continuous use by the general public under the provisions of Title 27-12-89, Utah Code Annotated 1953. Affirmed with costs to respondents.

As a preliminary matter it is significant to note that about 450 pages of testimony and other evidence were utilized in an effort to prove or disprove that the “public thoroughfare” claimed lay or did not lay on an abandoned railroad bed called the “Quarry Road,” formerly…