FARRIS v. VIEMAN

No. 39847.

579 S.W.2d 117 (1979)

Harold E. FARRIS and Anita B. Farris, Plaintiffs-Respondents, v. John VIEMAN, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing or Transfer Denied March 16, 1979.


Attorney(s) appearing for the Case

Joseph Howlett, Shaw, Howlett & Schwartz, Clayton, for defendant-appellant.

Thomas J. Briegel, Briegel & Kimme, Union, for plaintiffs-respondents.


GUNN, Judge.

The single issue in this prescriptive easement case is whether there was such permissive use of the easement as to destroy the prescriptive right.

Plaintiffs-respondents claimed a 20 foot wide prescriptive roadway easement over defendant-appellant's property. In August, 1968, defendant erected a gate across the roadway obstructing plaintiffs' use of it. Defendant denied actually constructing the gate but at least announced his intention to do...

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