Rogers v. Donovan

Plaintiffs brought an action for damages, claiming defendants had interfered with their prescriptive right to the use of a ten-foot strip of defendants’ premises for ingress and egress to the rear of plaintiffs’ property. There was a prior trial in which defendants were successful, but upon appeal the result was reversed and the case was remanded for a new trial. 261 Or 124, 492 P2d 768 (1972). Upon retrial, defendants were again successful and plaintiffs again appeal.

The only issue is whether the trial court erred in refusing to admit in evidence, at the request of plaintiffs, a transcript…