O'Brien v. Richter

THEODORE McMILLIAN, Special Judge.

This is a suit to determine the width of an easement or roadway across the land of the plaintiffs. The case was submitted upon a stipulation of facts; and, thereafter, the circuit court of St. Louis County, Missouri, granted defendants a 50-foot-wide roadway across the land of the plaintiffs as an outlet to a public highway. Plaintiffs appealed.

There is no dispute about the existence of the easement. In November 1867, the predecessors of the plaintiffs granted to the predecessors of the defendants an easement from their land across the land of the plaintiffs…