Millson v. Laughlin

Hornby, J.,

filed the following concurring opinion.

In this case—which involves the right to relocate a pole and electric line of which there was no grant unless it is implied, and the abandonment of one of two rights of way (one an old winding road or way and the other a new 30-foot road or way)—a majority of the Court has ruled: (i) that the plaintiff [Raughlin] has a right to relocate the pole and electric line—which the Court has further ruled is a quasi-easement above and across the property of the plaintiff—impliedly *590granted to the defendant [Millson] by the deed to her from a common…