discuss- ing the question of whether the plaintiff had an irrevocable license to use the ditches on the defendant’s land and commenting that “the license relied on must be an express agreement, and not a mere passive acquiescence”
How later courts described this case
- discuss- ing the question of whether the plaintiff had an irrevocable license to use the ditches on the defendant’s land and commenting that “the license relied on must be an express agreement, and not a mere passive acquiescence”
- “The rule is that an easement can only be created by writ- ing.”
Written by the judges who cited it.
The opinion
Decided October 4, 1910.
On Petition for Rehearing.
[ 110 Pac. 1092 .]
Mr. Justice Eakin
delivered the opinion of the court.