Bedingfield v. McCullough

Nichols, Presiding Judge.

The amendment to the plaintiff’s motion for new trial assigns error on the direction of the verdict for the defendant contending that there were issues of fact to be presented to the jury. Therefore, the sole question for decision is whether the evidence adduced on the trial would have authorized a verdict for the plaintiff.

In order to acquire a prescriptive title to a private way over another’s land, the burden of proof is on the prescriber to show that he has been in the uninterrupted use thereof for seven years or more, that it is the same number of feet originally…