Brundrett v. Tarpley

Tbis action was brought by plaintiff for an injunction to restrain the defendant from closing a roadway through defendant’s farm. The plaintiff claimed that he and the public had been using such road continuously and uninterruptedly for more than forty years, and that he had acquired an easement therein by prescription. Trial was before the court without a jury and resulted in a judgment for the defendant. The plaintiff appealed.

The trial court filed findings of fact -in which it found that the public had not had uninterrupted use of the roadway under adverse claim of right for the statutory…