Leary v. Manchester

As an outcome of the prior litigation the city seeks to obtain by eminent domain full title to the premises in which it now has an easement, on the ground that the expense of maintenance which the terms of the easement impose upon it as a continuing obligation will be substantially greater than the value of the plaintiff’s ownership. The novel situation is presented in which full title to property results in real economy in comparison with only an easement therein. The easement is of a right to build a ditch across the plaintiff’s land, and in part consideration for it the city agreed to…