Witt v. Creasey
Citations
- 117 Va. 872
- 86 S.E. 128
- 1915 Va. LEXIS 107
Syllabus
<p>1. Highways&emdash;Right of Way by Prescription.&emdash;In order to establish a private right of way by prescription over the lands of another, the use and enjoyment thereof by the claimant must be shown to be adverse, under a claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the land over- which it is claimed, and such use and enjoyment must continue for a period of at least twenty years.</p> <p>2. Highways&emdash;Easement by Prescription&emdash;Adverse Use.&emdash;In order to establish a title by prescription and to authorize the presumption of a grant, the adverse use must be unexplained and uricontradicted, and must not be merely a use in common with others. A use' by the neighborhood generally under an im- , plied license or permission negatives a presumption m favor of any particular individual that his use was adverse and exclusive.</p> <p>3. Witnesses&emdash;Competency.&emdash;A person who • is neither a party to the suit nor interested in the result was competent at com- - mon law, and has not been rendered incompetent by. trie statute of this State.</p> <p>4. Witnesses&emdash;Code, Sec. 3346&emdash;Testimony by Adverse Party.&emdash; Where one party to a controversy has testified fully in his own behalf as to the subject-matter of the controversy, he thereby renders the other party competent under the provisions of section 3346, par. 2, of the Code.</p> <p>5. Easement&emdash;Prescription&emdash;Consent.&emdash;An easement of a right of-way over land will not arise by prescription simply from permission of the owner of the servient estate, no matter how long the permissive use may continue. Where a use by permission has begun, it will, in the absence of some decisive act on the part of the owner of the dominant estate indicating, an adverse and hostile claim, continue to be regarded as permissive, especially when the latter’s use of the easement is in common with its use by others.</p> <p>•6. Ap
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[t]he relationship between an employer and employees is a sensitive one.”
- “The privilege for communications by informers to the government is well established and its soundness cannot be questioned.”
- “the question is narrowed down to whether the disclosure sought by the defendants is essential to assure a fair determination of the issues, with due regard being given to the defendants' right to prepare their defense properly.”
- Fair Labor Standards Act case
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly
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