Watson v. County Commissioners

Citations

• 38 Wash. 662
• 80 P. 201
• 1905 Wash. LEXIS 1228

Syllabus

<p>Highway—Prescription—Unoccupied Prairie Lands—Evidence oe Use—Sufficiency. The evidence is not sufficient to sustain a finding that a highway across wild unoccupied prairie lands had been established by open, notorious, continuous and adverse use since March, 1888, where the only two witnesses to use at that date testified that they thought they had traveled over where the road now is, and that there were some wagon tracks there and on other parts of the land in 1887 or 1888, and where up to 1894 the road was traveled just enough to show that it had been used; since such use will be regarded as permissive, and does not convey reasonable notice of hostility to the owner’s title.</p>