[Download] "Maynard Et Al. v. Bara Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Maynard Et Al. v. Bara Et Al.
• Author : Supreme Court of Montana
• Release Date : January 05, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Highways ? Establishment by Prescription ? Insufficiency of Evidence ? Common-law Dedication ? Essential Element. Highways ? Establishment by Prescription ? Character of Evidence Required. 1. In order to establish a public highway by prescription, without color of title, the testimony must definitely show a use of the identical strip of land over which the right is claimed; a fixed and definite course of travel not permitting of any deviation. Same ? Prescription ? Use by Public must have Been Adverse. 2. Before a highway may be established by prescription, the evidence must be clear and convincing that its use by the public was adverse and not merely permitted by the land owner. Same ? Prescription ? Effect of Evidence That Travelers Required to Open and Close Gates. 3. The fact that passage over a country road sought to be established as a highway by prescription had for years been barred by gates opened and closed by those passing over it, is strong evidence to show a mere license to the public to pass over the way; such a use is insufficient to establish a highway by prescription. Evidence ? Failure of Witness to Remember ? Testimony Does not Contradict Positive Testimony. 4. Testimony of a witness that he does not remember whether a certain event took place does not contradict positive testimony that it did occur. Highways ? Highway Established by Prescription ? Insufficiency of Evidence. 5. Evidence in an action by a county to have a road declared to be a public highway by prescription, held insufficient to support a finding of its establishment by user. Same ? Establishment by Prescription ? Evidence must Fix Definite Date of Commencement of Running of Statute. 6. Where the establishment of a highway by prescription is sought, the testimony must fix a definite day at which the statutory period began to run. Same ? Common-law Dedication ? Essential Element. 7. One of the essential elements of a common-law dedication of lands for public highway purposes is an offer of the owners evidencing their intention to dedicate; evidence tending to show a permissive use of the road or way being insufficient to show an intention to dedicate. - Page 303

Ebook Download "Maynard Et Al. v. Bara Et Al." PDF ePub Kindle