Clark v. Dower

WillxaMS, Judge:

Plaintiff brought an action of trespass on the case in the circuit court of Mason county to recover damages for injury to real estate. Defendants did not plead the general issue but pleaded specially a right of way by prescription over plaintiff’s land; to this special plea plaintiff replied generally, and issue was joined. The case was tried by jury on the 12th of December, 1906, resulting in a verdict and judgment for the defendants. To this judgment a writ of error was awarded plaintiff. A number of errors are assigned, but we are confronted at the outset with the question…