CHALEN v. CIALINO

No. 42581.

291 N.W.2d 256 (1980)

206 Neb. 106

Joseph CHALEN, Appellant, v. Angela CIALINO, Appellee.

Supreme Court of Nebraska.

April 23, 1980.


Attorney(s) appearing for the Case

Milo Alexander, Omaha, for appellant.

Joseph P. Inserra and John P. Inserra, Omaha, for appellee.

Heard before KRIVOSHA, C. J., BRODKEY and WHITE, JJ., and RONIN and GARDEN, District Judges.


GARDEN, District Judge.

This is an action in equity wherein the plaintiff-appellant, Joseph Chalen, seeks to establish an easement for right-of-way across certain real estate owned by the defendant-appellee, Angela Cialino, under either or both of two legal theories: (1) easement by implication, and (2) easement by prescription. The defendant answered by denying plaintiff's right to an easement and by pleading permissive use as an affirmative defense. After trial...

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