Corbett v. Whitney

I agree with the general legal propositions set forth in the majority opinion. If we were concerned only with an easement in which plaintiff held the dominant estate and defendant held the servient estate, I would concur in the majority opinion.

However, such is not the case before us. The easements here are reciprocal. Defendant has an easement on plaintiff’s property, and plaintiff has an easement on defendant’s property. Everything said in the majority opinion concerning the rights of plaintiff applies equally to the rights of defendant. This matter was precipitated by plaintiff’s…