Carr v. Turner

The plaintiff, Angus Carr, appeals from a judgment for the defendant. The trial judge, as the trier of fact, determined that Carr had not met his burden of proving that he had obtained a prescriptive easement or an easement by necessity across the property of the defendant, Leroy Turner.

At the outset, we note that because the evidence in this cause was presented ore tenus, the determinations of the trial judge will not be reversed unless found to be "plainly erroneous or manifestly unjust." Ford v. Alabama By-ProductsCorp., 392 So.2d 217 (Ala. 1980); Tidwell v. Strickler,457 So.2d 365 (Ala.…