Johnson v. Hegland

The appeal is from the order denying defendant’s motion in the alternative for judgment in his favor notwithstanding the special verdict or a new trial.

The action was for trespass in using a road or passway across plaintiff’s land, tearing down her inclosure and thus letting her stock escape to their injury. Defendant denied the trespass and claimed a prescriptive right of way over the land. The jury answered in the negative this special issue submitted, without objection, under instructions concededly full and correct: “On April 1, 1924, did defendant, Alvin Hegland, then possess and own an…