Henry v. Farlow

Tbe assignment of error raises this solitary question: Did tbe trial judge err in refusing to dismiss tbe action upon a compulsory nonsuit after all the evidence on both sides was in ?

Tbe defendants assert tbat tbe evidence is not sufficient to show tbat tbe rise of tbe roadway by tbe plaintiff and ber tenants was adverse or under claim of right, and tbat tbe question must be answered in tbe affirmative on tbat ground, even though tbe evidence may be ample to establish tbat tbe use of tbe roadway by tbe plaintiff and ber tenants was continuous and notorious for twenty years or longer. We are…