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COBB v. DAUGHERTY

No. 35015.

693 S.E.2d 800 (2010)

Ronald D. COBB and Deborah Herrald Cobb, Plaintiffs below, Appellees v. Thomas S. DAUGHERTY and Christine A. Daugherty, f/k/a Christine Klapproth, Defendants below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided April 19, 2010.

Attorney(s) appearing for the Case

George A. Daugherty, Esq., Daugherty Law Office, Dunbar, WV, for the Appellants.

O. Gay Elmore, Jr., Esq., Elmore & Elmore, Charleston, WV, for the Appellees.

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...

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