Taormino v. Denny

Opinion

TRAYNOR, C. J.

Plaintiff brought this proceeding for an injunction and to quiet her title to a road over which defendant claimed both an easement by prescription and a right to pass by virtue of an implied dedication to the public. On September 19, 1966, the court entered judgment for plaintiff quieting her title to the road and enjoining any occupancy or trespass by defendant.

The court found that the road had existed on plaintiff’s property since 1910 or before, that defendant had frequently used the road without plaintiff’s consent and claimed an interest in the road adverse to…