Penn Mutual Life Insurance v. Nelson

This is a suit to enjoin the defendants from trespassing upon land owned by the plaintiff. The circuit court entered a decree in accordance with the prayer of the complaint, from which the defendants have appealed.

The defendants are the owners of a parcel of land in the city of Portland, adjoining that of the plaintiff, which is without access to any city street or other public highway. They have been passing over the plaintiff’s property in order to reach a city street, and the sole question for decision is whether or not they have an easement or way of necessity for that purpose. If they…