Con J. O’Connor v. W. A. Gragg

Summary

The Texas Supreme Court affirmed the lower courts' finding that the roadway crossing O'Connor's land is a public road by implied dedication, but reversed the portion of the judgment that granted a prescriptive easement to Gragg and the public. The Court held that adverse use is required for a prescriptive easement and that the evidence supported an implied dedication by O'Connor's predecessors. Consequently, the perpetual injunction based on prescription was set aside, while the injunction protecting the dedicated roadway remains.