Legal Opinion · Dissent

Connot v. Bowden

Nebraska Supreme Court

Decided August 8, 1972No. 38295Published

1DissentSpencer, J.

I respectfully dissent from the majority opinion herein. The main issue presented by the appeal is the sufficiency of the evidence, under the applicable law, to sustain the judgment of the trial court.

Plaintiff’s father testified that he purchased the south half of Section 9 in 1938, and has owned it since that time. He has been familiar with the road in question since 1934, and has always considered it a public or open road. He used it as such whenever he had occasion to do so. On occasions, the county tractor had on request dragged it in the winter. His testimony placed the road between…

2Cases cited4 opinions

  1. State Ex Rel. Game, Forestation & Parks Commission v. HullNebraska Supreme Court · 1959
  2. Hopkins v. HillNebraska Supreme Court · 1955
  3. Satterfield v. DunneNebraska Supreme Court · 1966
  4. Pierce v. RabeNebraska Supreme Court · 1964

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