(Download) "William F. Whittom v. Alexander-Richardson" by Supreme Court of New Mexico " Book PDF Kindle ePub Free
eBook details
- Title: William F. Whittom v. Alexander-Richardson
- Author : Supreme Court of New Mexico
- Release Date : January 20, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an appeal from an action by plaintiffs to establish their right to use a roadway that crosses defendants property, and for damages resulting from defendants blockade of the roadway. Plaintiffs base their right to use the roadway on theories of common law dedication and prescriptive easement. Upon defendants request the trial court ordered plaintiffs to elect between the theories at the close of the evidence. Plaintiffs submitted their case on common law dedication. The trial court entered judgment in favor of defendants. The Missouri Court of Appeals, Eastern District, affirmed. In the course of the affirmance the court of appeals suggested that the requirement to elect between two theories that are inconsistent, or repugnant, may be an "anachronism" under rules that allow pleading of claims or defenses in the alternative. It is upon the court of appeals suggestion that this Court granted transfer to re-examine the question. After review of the law governing common law dedication and prescriptive easement, however, it is clear that this Court must decline to address the question, because there is no inconsistency in the claims for common law dedication and prescriptive easement in the case presented. Affirmed in part; reversed and remanded in part.
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