Mallett v. Buerman
This text of 382 P.2d 79 (Mallett v. Buerman) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff brought this suit seeking a decree restraining defendants from interfering with plaintiff’s roadway easement which ran through defendants’ land, [377]*377and to recover damages for defendants’ alleged interference with the roadway. Plaintiff appeals from a decree which, in effect, denied the relief prayed for.
Defendants concede that plaintiff is the owner of a roadway easement approximately 21 feet in width. However, plaintiff asserts that the easement is approximately 32 feet in width and that it was acquired by prescriptive use.
Plaintiff’s evidence fails to establish a prescriptive use to the additional width claimed. Since the claim for damages is predicated upon the existence of a 32-foot easement, it must fail.
The decree of the lower court is affirmed.
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Cite This Page — Counsel Stack
382 P.2d 79, 234 Or. 376, 1963 Ore. LEXIS 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallett-v-buerman-or-1963.