151 Minn. 204 | Minn. | 1922
Action to restrain the defendant from using an alley or driveway upon the premises of the plaintiff, and to recover for its use. There were findings for the plaintiff and the defendant appeals from the order denying its motion for a new trial.
The defendant owns a strip of land 25 feet wide facing on Robert street immediately northerly of the plaintiff’s lot and extending easterly. It and its predecessors in title used the driveway from 1888 to 1917 without objection.
The evidence indicates that a number of property owners having property fronting on Third street or Robert street, and some others, used the alley to reach the rear of the buildings and the open space about. The owners of the property immediately to the east had by the probate decree and by a later deed an easement in the alley. The plaintiff and its predecessors of necessity kept it open for their use. Apparently people used it about as they wanted, and the owner made no objection. People saw others use the alley and used it for their own purposes. The trial court found that there was no adverse or hostile user, but that it was permissive. The evidence well sustains the finding. A different one would be troublesome.
The alley was under consideration in Riley v. Pearson, 120 Minn. 210, 139 N. W. 361, L. R. A. 1916D, 7. For additional facts relative thereto reference may be had to the very complete statement of Mr. Justice Bunn in that case. An extended discussion of the evidence at this time would be profitless.
We find nothing, relative to the recovery for the use calling for discussion.
Order affirmed.