Franklin v. Sedore

HARRIS, Justice.

Plaintiffs and defendants own adjoining farms which were long separated both by a state highway and a railroad running parallel to it. Abandonment by the railroad of its property led to various legal proceedings, including a quiet title action concerning the abandoned land and also to acts which led to this tort suit. Plaintiffs recovered substantial damages as a result of various conduct of the defendant Sedore on and near the abandoned railroad property. The critical issue on appeal is whether the plaintiffs, who are owners of the servient estate, acquired a prescriptive…