DEER CREEK, INC. v. HIBBARD

No. 10679.

493 P.2d 392 (1972)

94 Idaho 533

DEER CREEK, INC., Plaintiff-Appellant, v. Gary J. HIBBARD, Jr., et al., Defendants-Respondents.

Supreme Court of Idaho.

January 24, 1972.


Attorney(s) appearing for the Case

Lloyd J. Walker, of Hepworth, Walker, Nungester and Fenton, Twin Falls, for plaintiff-appellant.

Cecil D. Hobdey, of James, Hobdey & Shaw, Gooding, for defendants-respondents.


SHEPARD, Justice.

This is an appeal from a judgment of the trial court wherein the defendants were found to be entitled to a prescriptive easement across the property of plaintiff. Plaintiff had initiated an action to enjoin the defendants from trespassing on plaintiff's property and to recover damages. In defendants' answer to this complaint, the affirmative defense of a right of way by prescriptive easement is raised.

The properties in question lie approximately...

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