McCRACKEN v. CLARK

No. 26.

69 S.E.2d 184 (1952)

235 N.C. 186

McCRACKEN et al. v. CLARK et al.

Supreme Court of North Carolina.

February 27, 1952.


Attorney(s) appearing for the Case

W. R. Francis, Waynesville and Jones & Ward, Asheville, for plaintiffs, appellants.

James H. Howell, Jr., Morgan & Ward, and Glenn W. Brown, all of Waynesville, for defendants, appellees.


JOHNSON, Justice.

The trial court erred in directing the verdict on the second issue. On that issue, the burden of proof was upon the defendants. This being so, they were not entitled to a directed instruction.

To establish the easement claimed by the defendants the burden of proof was upon them to satisfy the jury by the greater weight of the evidence that the user relied on was hostile in character, rather than permissive and with the owners' consent. McPherson...

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