Widmayer v. Leonard

This case involves questions concerning civil presumptions.

I

Plaintiffs filed an action in the Washtenaw Circuit Court seeking a declaratory judgment, a permanent injunction, and damages for the defendants’ interference with plaintiffs’ use of a two-lane road to the plaintiffs’ landlocked property.

The defendants counterclaimed for trespass.

The jury returned special verdicts rejecting both claims, finding that plaintiffs did not have a prescriptive easement over defendants’ land and had not trespassed. The trial court entered judgment on the jury verdict. The Court of Appeals reversed and…