WESTLAKE v. DUNCAN, DIECKMAN & DUNCAN MINING CO.

No. 5-1389.

307 S.W.2d 220 (1957)

N. C. WESTLAKE, Appellant, v. DUNCAN, DIECKMAN AND DUNCAN MINING COMPANY, Inc., Appellee.

Supreme Court of Arkansas.

December 2, 1957.


Attorney(s) appearing for the Case

Collins, Edwards, Core & Collins, DeQueen, for appellant.

Nabors Shaw, Mena, for appellee.


WARD, Justice.

The principal issue involved on this appeal may be stated as follows: Where a public road way has been established by prescription over which wagons and automobiles have passed for several years, does the use of such road by heavy trucks hauling manganese ore constitute such an extra burden that it should be prohibited? Further issues involved will also be considered.

Appellant, N. C. Westlake, owns and resides upon land in Polk County near...

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