Shell Oil Co. v. Village of Hartford

OPINION AND ORDER

ROBERT D. MORGAN, District Judge.

The only real and ultimate issue in this case, a civil suit to quiet title tried before the court without a jury, is whether the public has acquired by prescription an easement over land now improved with a bituminous and rock-surfaced road, 16 to 20 feet wide and variously referred to as the “Shell road,” “Rand Avenue,” or “an extension of Rand Avenue.” 1 The court, having reviewed the evidence adduced at the two-day trial and having considered the scholarly briefs filed in behalf of the respective parties, concludes as a matter of law that…