WAGNER v. FAIRLAMB

No. 20198.

379 P.2d 165 (1963)

Bessie WAGNER, Plaintiff in Error, v. Charles N. FAIRLAMB, Gertrude Mahoney, Sanna Liljestrom, Viola Raso, James R. Fyfe, and Mildred Fennas, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 11, 1963.


Attorney(s) appearing for the Case

Loesch & Kreidler, Montrose, for plaintiff in error.

Traylor, Ela, Kladder & Harshman, David B. Palo, Grand Junction, for defendants in error.


SUTTON, Justice.

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...

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