Melton v. Cross
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In this real property dispute, the Supreme Court affirmed the opinion of the court of appeals reversing a jury verdict and resulting judgment in favor of Defendants, holding that the trial court erred by failing to instruct the jury in a way that allowed the jury to address a factual dispute to resolve it.
The parties in this case owned adjoining farms. At issue was whether Plaintiffs' use of a road access across Defendants' land had ripened into a prescriptive easement. The jury found in favor of Defendants, which meant that Plaintiffs had no right to use the disputed road. The trial court entered judgment in conformity with the jury's verdict. The court of appeals reversed, concluding that the trial court erred by failing to instruct the jury in conformance with the rule in Ward v. Stewart, 435 S.W.2d (Ky. 1968). The Supreme Court affirmed, holding (1) when confronted with conflicting evidence on the issue of permissive versus prescriptive use of the road at issue, the trial court abused its discretion by failing to provide a burden-shifting Ward instruction; and (2) Ky. R. Evid. 801A(c)(2) did not apply to except certain testimony under the hearsay rule.
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