Kansas, Oklahoma & Gulf Ry. Co. v. Rogers

I think that paragraph 1 of the syllabus is a correct *114statement of the law, but it has been misapplied here. Syllabus 1 is as follows:

“To constitute abandonment of an easement there must not only be an actual relinquishment, but an intention to abandon, and this is a question of fact to be determined under all of the evidence.”

In 1907 defendant’s predecessor in title acquired a part of the land in question and erected thereon its Coal Creek Reservoir. The remainder of the land in question was acquired in 1914 and the reservoir was enlarged.

Thereafter plaintiff acquired his interest in the…