O'CONNOR v. Gragg

COLLINGS, Justice.

W. A. Gragg brought this suit against Con J. O’Connor and H. G. McConnell seeking to establish a right of way across O’Connor’s lands by necessity, by prescription and in a trial amendment alleged a roadway by dedication. During the trial plaintiff abandoned his plea of a way of necessity. Plaintiff sought to permanently enjoin defendants from interfering with his use and enjoyment of the purported roadway. Defendants answered by a general denial and alleged that any use of the roadway by plaintiff, his predecessors or any other person or persons was a permissive use only…