Harmon v. Rasmussen

WADE, Chief Justice.

Plaintiffs, the Harmons, appeal from a judgment of the trial court of no cause for action in favor of the defendants, the Ras-mussens, respondents here. By their complaint plaintiffs, the Harmons, seek to establish a right of way for an irrigation ditch by prescriptive easement, claiming adverse use for about 60 years and $400 damages for filling in this irrigation ditch. The court found that the Rasmussens did not fill in the ditch, and that the Harmons had abandoned their prescriptive easement.

The Rasmussens’ lot adjoins the south side of 30th South Street for about 360…