Duff v. Matthews

This is a suit by respondents as plaintiffs in the trial court against petitioners, as defendant, to establish a roadway over the petitioner-defendant’s land. The parties will be referred to as they were in the trial court. Plaintiffs sought to establish such roadway by prescription, that it was a public road, and by necessity. The jury findings were against plaintiffs on their theory of prescription and a public roadway and the case reaches this Court only on the necessity theory. The trial was to a jury, and upon the rendition of a verdict the trial court disregarded the jury’s findings in…