Burkman v. City of New Lisbon

(dissenting.) The city claims by virtue of purchase a right its predecessors acquired by prescription. The trial court gave judgment against the city, holding that the right had been lost by nonuse for twenty years. It assumed that nonuse of an easement gained by prescription was thus extinguished. This court, in denying the motion for rehearing, disapproves of the doctrine followed by the trial court and affirms the judgment on an entirely different ground. The opinion states as a matter of law that “the flowage rights acquired by prescription and the original dam were for the purpose of…