Witt v. McKenna

ROBERTS, Justice.

Plaintiff Bruce A. Witt appeals from a judgment entered after a non-jury trial in the Superior Court (Lincoln County, Browne, A.R.J.) in favor of defendants John W. and Elizabeth D. McKenna. Witt contends that the court erred in finding that a right-of-way running across the defendants’ property had been abandoned by plaintiff’s predecessors-in-title. Because the court’s finding of abandonment is not supported by the necessary clear and convincing evidence, we vacate the judgment.

I

In 1907 and again in 1910, Witt’s predecessor purchased a right-of-way from Martha M. Strout…