Deer Creek, Inc. v. Hibbard

SHEPARD, Justice.

This is an appeal from a judgment of the trial court wherein the defendants were found to be entitled to a prescriptive easement across the property of plaintiff. Plaintiff had initiated an action to enjoin the defendants from trespassing on plaintiff’s property and to recover damages. In defendants’ answer to this complaint, the affirmative defense of a right of way by prescriptive easement is raised.

The properties in question lie approximately three miles north of Hailey, Idaho. The portion of defendants’ property in question here lies along the west bank of the Big Wood…