Waters v. Snouffer

Fowler, J., delivered the opinion of the Court. This is an action of trespass quare clausum fregit. The defendant claims a private right of way over the plaintiff’s land, and his defence rests upon the validity of this claim — which in turn rests upon the alleged exclusive, adverse and uninterrupted user of said way for the period of twenty years or longer by the defendant and those under whom he claims. The verdict was in favor of the defendant, and this is the plaintiff’s appeal.

Three exceptions appear upon the record, but no serious contention was made except in reference to the third which is based upon the rulings on the prayers. The first exception was abandoned.- The defendant’s counsel upon cross-examination asked the witness, Geo. T. Waters, if it was nearer in going from defendant’s farm to Laytonsville to use the Merriweather road or the road in controversy, to which question the plaintiff objected and his objection being overruled, the witness stated it was several hundred yards nearer to'use the road in controversy. This ruling of the Court constitutes the second exception.

In -his examination in chief the witness had given certain testimony tending to show the relative convenience of certain other roads in getting to and from neighboring villages, and it seems to us it was competent on cross- ³⁹³ examination to ask the witness if it was' not more convenient or nearer to go by the road in question to one of the places named than to go there by one of the other roads. But whether the testimony was in or out it would seem quite immaterial, nor do we see how its admission could in any way injuriously affect the plaintiff’ case. The third exception was taken to the rejection of the plaintiff’s third and the granting of the