Whittom v. Alexander-Richardson Partnership

COVINGTON, Judge.

This is an appeal from an action by plaintiffs to establish their right to use a roadway that crosses defendants’ property, and for damages resulting from defendants’ blockade of the roadway. Plaintiffs base their right to use the roadway on theories of common law dedication and prescriptive easement. Upon defendants’ request the trial court ordered plaintiffs to elect between the theories at the close of the evidence. Plaintiffs submitted their case on common law dedication. The trial court entered judgment in favor of defendants. The Missouri Court of Appeals, Eastern…