Simonds v. Shaw

The defendants appeal from the trial court’s decision rendering judgment for the plaintiffs in accordance with the report of the attorney trial referee. On appeal, the defendants claim that the trial court improperly (1) granted an injunction, (2) found an easement by prescriptive use by the plaintiffs and their predecessors in title, (3) found that a right-of-way is appurtenant to the plaintiffs’ property, (4) determined that the plaintiffs had met their burden of proving that a right-of-way exists, (5) found that there had not been an abandonment of any right-of-way that may have existed,…