Smith v. Skrbek

The plaintiff and cross-defendant has appealed from a judgment denying her a right of way claimed to have been acquired by prescription over the land of the defendants and cross-complainants.

The important question is whether the evidence is sufficient to sustain the implied finding of the trial court that plaintiff never acquired a prescriptive right to the use of the roadway over defendants’ land.

The plaintiff and J. P. Smith are husband and wife. In March, 1936, the plaintiff bought her ranch consisting of 7.75 acres of land in Mendocino County adjacent to the public highway between…