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Trammell v. Whetstone

Evidence that a private roadway across defendant's property was between 12 and 15 feet, that plaintiffs they kept the roadway open and in repair for at least seven years and that defendant had notice of plaintiffs' prescriptive use supported the jury's finding that plaintiffs established a private right-of-way.

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This appeal follows a single, consolidated jury trial of two separate actions seeking to determine the rights among the various parties to use two roadways in Fannin County, Georgia. These roadways cross the property of D. Lamar and Patrycia J. Elliott and the property of Carl Trammell and Marieda McDonald Trammell. The actions were filed by neighboring landowners, John H. and Luva H. Whetstone and by William R. and Connie M. Reynolds. Both suits named Carl Trammell as defendant and each sought to enjoin him from blocking the plaintiffs’ use of a roadway designated as W. R. McDonald Drive. The Elliotts, who own the property between the Trammell property and the Whetstone and Reynolds properties, were subsequently allowed to intervene in both lawsuits as party defendants. They sought a determination as to whether the Reynoldses and the Whetstones had any rights to use roadways that cross their property and connect with W. R. McDonald Drive.

The jury returned a verdict granting the Reynoldses and the Whetstones permanent easements over both the Elliott and the Trammell properties. The Elliotts and the Trammells filed these related appeals from the denial of their motions for judgment notwithstanding the verdict and for new trial.

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