Westlake v. Duncan, Dieckman, & Duncan Mining Co.

Paul Wakd, Associate Justice.

The principal issue involved on this appeal may be stated as follows: Where a public road way has been established by prescription over which wagons and automobiles have passed for several years, does the use of such road by heavy trucks hauling manganese ore constitute such an extra burden that it should be prohibited? Further issues involved will also be considered.

Appellant, N. C. Westlake, owns and resides upon land in Polk County near state highway No. 8, which land he purchased in 1950. A road leaves highway No. 8 and runs across appellant’s property and…