Private Way.—A way constructed by plaintiff’s predecessor for his own use and benefit as an appurtenance to mines and not for’ the public use and benefit, and which passed to plaintiff as such appurtenance, and which the public was not invited, permitted or allowed to use, and which was never directly or indirectly dedicated to the use of the public is a strictly private way, which the defendants may be prevented from using.

Id.—Answer Pleading Public Eoad—Brief on Appeal—Waiver of Specifications.—Where the answer only pleaded that the way in question was not private, but was a public road, and none of the errors and specifications assigned were included in the brief on appeal, they must be taken as waived.

Id.—Way of Necessity not Pleaded, Proved or Found—Change of Position in Brief.—Where no way of necessity was pleaded in the answer, and no issue relative thereto was tried by the court, and no facts were proved or found, or appear in the record upon defendant’s appeal, which are essential to constitute a way of necessity over plaintiff’s private road, a change of position in appellant’s brief, pregnant with the admission that the way is private, to urge a way of necessity over the same cannot be sustained.

Id.—Facts Essential to Way of Necessity.—In order to constitute a way of necessity, the relation of grantor and grantee must -exist between the parties, and the right of way from necessity must be in fact what the term naturally imports, and cannot exist except in eases of strict necessity, nor when a man can get to his property over his own land.

Id.—Common Grant from Government.—The mere fact that all of the land was originally part of the public domain, and hence owned by a common grantor, cannot confer the peculiar right out of which a way of necessity arises.

Ld.—Insufficient Finding of Necessity.—A finding that the only manner by which a wagon or team can reach the hotel and mines of the defendants from any public road is by passing over - the roadway described is not sufficient to show that another road cannot be constructed from the public road over defendant’s lands, over which wagons and teams may pass to such hotel and mines, and where there is nothing in the record to show that such road cannot be easily constructed, no way of necessity appears.