Stillwell v. Foster
Supreme Judicial Court of Maine
On report. An action on the case for interruption of an easement or right of way over a stairway in the defendant's store, by blocking up a doorway at the head of the stairs with bricks and mortar, thereby preventing access by said stairs to a front room on the second floor of the plaintiff’s store adjoining. Other facts stated in the opinion.
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On report. An action on the case for interruption of an easement or right of way over a stairway in the defendant's store, by blocking up a doorway at the head of the stairs with bricks and mortar, thereby preventing access by said stairs to a front room on the second floor of the plaintiff’s store adjoining. Other facts stated in the opinion. Plaintiff’s first claim is that the stairway, or rather the right to use it, was impliedly granted by Harlow, who owned both estates, when he deeded this with no other way of approaching it or of making use of it from the street, except over this…
1Opinion of the CourtDanforth, J.
The plaintiff and defendant are the owners in severalty of two adjoining stores, divided by a partition wall and fronting upon a street in the city of Bangor. In the defendant’s store and next to the partition wall is a stairway with an entrance from the street leading to the second story. At the head of this stairway turning to the right is a door in the partition wall opening into the second story of the plaintiff’s building. The tenants of the plaintiff having occasion to go to the second story, have been accustomed to use this stairway and door, having no such means of access upon their…
2Cases cited1 opinion
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
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- Berlin v. RobbinsWashington Supreme Court · 1934
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- Howley v. ChaffeeSupreme Court of Vermont · 1915
- Gentry v. PiercyCourt of Appeals of Kentucky · 1917