Oshita v. Hill

PHILLIPS, Judge.

Defendant Board of Education contends the trial court should have granted its motions for a directed verdict and for judgment notwithstanding the verdict. This contention is valid, of course, only if the evidence, when considered in the light most favorable to plaintiffs, fails to support the existence of each and every element required to establish the easement by prescription that plaintiffs sued for. But the jury verdict must stand if plaintiffs’ evidence tended to establish all the elements of their case, which are: that the use (1) was adverse, hostile or under claim of…