Hurt v. Adams
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Bhaclcleford, Judge. (1) It was the peculiar province of the jury to determine, under proper instructions from the court, whether the evidence established a mere license to use the lane in question, or an adverse user, under claim of right for ten years or more, continuously and uninterruptedly, etc., thus establishing an easement in 'the servient estate over which the way ran.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Bhaclcleford, Judge. (1) It was the peculiar province of the jury to determine, under proper instructions from the court, whether the evidence established a mere license to use the lane in question, or an adverse user, under claim of right for ten years or more, continuously and uninterruptedly, etc., thus establishing an easement in 'the servient estate over which the way ran. There was abundant evidence at least tending to establish or create an easement by prescription or limitation. The court usurped the province of the jury. Bender v.…
1Opinion of the CourtGill, J.
Plaintiff sued the defendant in trespass for having wrongfully entered upon his land and torn away certain gates, etc. Two separate trespasses were complained of — one in December, 1898, and the other in January, 1899. *77Defendant admitted the acts charged, but justified on the ground that they were committed on a strip of ground over which he owned a right of way. The controversy grows out of a dispute between the parties as to defendant’s right to a private passway over plaintiff’s land. The following plat furnished by defendant’s counsel will explain the situation:
Gibson formerly owned the…
2Cases cited6 opinions
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- Brown v. HartzellSupreme Court of Missouri · 1885
- Budd v. CollinsSupreme Court of Missouri · 1878
- Wilkerson v. ThompsonSupreme Court of Missouri · 1884
- Nelson v. NelsonMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roediger v. CullenWashington Supreme Court · 1946
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Larue v. KosichArizona Supreme Court · 1947
- Scheller v. Pierce CountyWashington Supreme Court · 1909
- Howard v. WrightNevada Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.