Jessup v. Bard

Opinion op the Court by

Judge Latimer

Reversing.

The appellants were plaintiffs in this action below. They sought to require the appellee to remove obstructions from an alleged passway running through his farm. They based their claim on a prescriptive right to use the involved passway which the appellee had blocked.

The appellee claimed that such use was permissive only and that the public had acquired no right to the use of the passway, and that he was entirely within his legal rights in closing the road. In addition to the above, appellee pleaded estoppel as against the appellants.

Evidence was…