Fitzgerald v. Brenaman

Plaintiff as an owner of a farm, claims a right-of-way by prescription over a farm owned by defendant, and seeks to restrain the latter from interference therewith. Plaintiff owns two tracts which are located off from the public highways. She has one outlet iby means of a ford across a creek to Central College. During certain seasons of the year this is difficult of passage. When the stream is up it is well nigh impossible, if not altogether so; it is also difficult of passage by heavily loaded wagons on account of lárge boulders in the bed of the stream. During certain seasons the evidence…