Lawless v. Sears, Roebuck & Co.

WASSERSTROM, Judge.

At issue here is plaintiffs’ claim to an easement right of way over a portion of defendant’s land. Plaintiffs petitioned to establish such a right, to which defendant answered and counterclaimed for a declaration that they held the land in question free and clear of all easement. At the conclusion of plaintiffs’ evidence, the trial court entered judgment on defendant’s motion in its favor on both the petition and counterclaim. Plaintiffs appeal. We affirm.

Prior to 1953, a public alley ran south from 18th Street to 17th Street in the block in Kansas City bounded by Cleveland…