Thibeault v. Seifert

OTT, Judge.

This action arose in part out of a previous lawsuit between these parties, wherein appellants were granted an easement of necessity over a strip of appellees’ land, the two being next-door neighbors. Appellees brought the present action for damages resulting from the misuse and abuse of the right-of-way privilege, and for an order terminating the easement. The judgment of the trial court ordered appellants to pay $2,500.00 in damages to appellees, but refused to terminate the easement. Both parties have appealed. We vacate the award of damages and affirm the balance of the judgment.