McNary v. Reeves

I dissent. After carefully considering the Motion for rehearing, I have decided, without any doubt whatever, that the evidence, both oral and documentary, are fully sufficient to create a public right-of-way, and/or public street, by dedication, parol gift, prescription, documentary evidence, and limitations.

When appellants and appellees had closed the evidence in the case and rested, appellants filed a motion to withdraw the case from the jury and enter judgment in their favor. It was overruled. The charge was prepared. Appellants made several objections and exceptions thereto. They were…