Supreme Court of Appeals of West Virginia
703 S.E.2d 561 (2010)
Michael O’Dell (plaintiff) owned a parcel of land and had access to the south side of that land via a driveway. O’Dell would also enter his land from the north side via a private gravel lane he did not own. Robert and Virginia Stegall (defendants) used the gravel lane, which they also did not own, to access their property, which was completely surrounded by land owned by others. The Stegalls objected to O’Dell’s use of the gravel lane, because it caused wear and tear to the lane, which the Stegalls were contractually obligated to repair. O’Dell brought a quiet title action, seeking a declaration that he had a prescriptive easement to use the gravel lane. At trial, the jury found for O’Dell. The Stegalls appealed from the jury verdict and the trial court’s refusal to set aside the judgment.
Rule of Law
Holding and Reasoning (Ketchum, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.