WOODS v. HART


458 P.2d 945 (1969)

Robert F. WOODS and Veldna F. Woods, Husband and Wife, Appellants, v. Earl L. HART and Kathleen L. Hart, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 1.

Decided September 24, 1969.

Rehearing Denied November 18, 1969.


Attorney(s) appearing for the Case

Howard J. Bobbitt, Portland, argued the cause for appellants. With him on the brief were Martindale, Ruben & Rothman, and Theodore S. Bloom, Portland.

Sanford Kowitt, Portland, argued the cause for respondents. With him on the brief were Peterson, Chaivoe & Londer, Portland.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


O'CONNELL, Justice.

This is a suit to establish a prescriptive easement of way across the land of defendants and for injunctive relief preventing defendants from interfering with plaintiffs' use of the easement. Plaintiffs appeal from a decree in favor of defendants.

Plaintiffs contend that their use of the roadway in question was adverse; defendants contend that the use was not adverse but merely permissive. The trial court held that plaintiffs' use for the...

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