Benner v. Sherman

ARCHIBALD, Justice.

By their complaint the plaintiffs sought a declaration of their right to the use, as a means of access to their property, of a certain way across the property of the defendant. Additionally, the plaintiffs sought to have the defendant permanently enjoined from interfering with their use of this right of access. Following a jury waived trial a Justice of the Superior Court determined that the plaintiffs had estab lished their right to the use of this access road, premising his opinion solely on the acquisition of that right by prescriptive use, but declined to issue an…