Saltonstall v. Cumming

ROBERTS, Justice.

The plaintiffs, Stella and David Salton-stall, appeal from a summary judgment on Count II of their complaint entered by the Superior Court, Hancock County, in favor of the defendants, Robert and Jean Cumming. The Saltonstalls contend that the court erred by concluding that a deed granting them “a right-of-way for all purposes of a way” over the Cummings’ property could not, as a matter of law, be interpreted to include the right to install utility lines along the length of the right-of-way. We vacate the summary judgment. 1

A party seeking summary judgment pursuant to…