McCracken v. Clark

Tbe trial court erred in directing tbe verdict on tbe second issue. On that issue, tbe burden of proof was upon tbe defendants. This being so, they were not entitled to a directed instruction.

To establish tbe easement claimed by tbe defendants tbe burden of proof was upon tbem to satisfy tbe jury by tbe greater weight of tbe evidence that tbe user relied on was hostile in character, rather than permissive and with tbe owners’ consent. McPherson v. Williams, 205 N.C. 177, 170 S.E. 662; Chesson v. Jordan, 224 N.C. 289, p. 292, 29 S.E. 2d 906. “Permissive use is presumed until tbe contrary is…