Staggers v. Hines

In Staggers v. Hines, 87 W. Va. 65, 104 S.E. 768 (1920), the Court ruled that despite occasional use of the easement for timbering during the prescriptive period, the timbering usage had not been sufficient to establish a prescriptive easement for timbering purposes. The Court explained: "It is well settled that a way acquired by prescription has its limitations. If acquired for one purpose, it cannot be broadened or diverted to another; and its character and extent are ascertainable and determinable by the use made of it during the period of prescription." Hines, 87 W. Va. at 70, 104 S.E. at 770.