State v. Tyler
Supreme Court of South Carolina
Before Watts, J., Aiken. Indictment against K. J. Tyler for obstrucing neighborhood road. From verdict and judgment, defendant appeals.
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Before Watts, J., Aiken. Indictment against K. J. Tyler for obstrucing neighborhood road. From verdict and judgment, defendant appeals. Merely traveling over a road for twenty years will not give the public an easement: 6 Rich., 396; 1 Bail., 58, 342; 2 Hill, 389; 1 McM., 329; Cheves, 1; 1 Spear, 20; 3 Rich., 85; 11 Rich., 263; 2 Strob., 62; 41 S. G, 1; 58 la., 567; 35 Kan., 717; 11 111. App., 513; 73 Me., 53. Right of way, if obtained by prescription, must be confined to the very way traveled: no Ind., 509; 32 111., 271. (oral argument).
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
Appellant was convicted and sentenced under an indictment charging him with obstructing a neighborhood road, alleged to have been used adversely by the public as a public road for over twenty years prior to the said obstruction. The exceptions assigning error relate solely to the Judge’s charge. The first, second and third exceptions each quote an isolated sentence of the charge, and the error assigned thereto is that the jury were thereby instructed that the public could acquire the right to a neighborhood road as a public road, by…
2Cases cited1 opinion
- Gentleman v. SouleIllinois Supreme Court · 1863
3Cited by8 opinions
- Sanders v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1913
- State v. WashingtonSupreme Court of South Carolina · 1908
- Moragne v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1907
- State v. RodmanSupreme Court of South Carolina · 1910
- Slater v. PriceSupreme Court of South Carolina · 1913
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