Zehner v. Fink

Lena B. Fink filed a trespass suit in the Circuit Court for Calvert County against Frederick Zehner, Mary Zehner and Eugene Zehner. The alleged trespass involved the use by the defendants-appellants, the Zehners, of a roadway running through the farm of Mrs. Fink, the plaintiff-appellee. The case was subsequently removed to the Circuit Court for St. Mary’s County for trial. The trial judge, sitting without a jury, found for the plaintiff and assessed nominal damages of 1 cent. The Zehners by this appeal assert that the trial judge was clearly erroneous in finding that they had no prescriptive…