Derrico v. Ciccolella

The action is to establish the existence of an easement by implied grant on the defendant’s property for the purpose of drainage and to restrain defendant from interfering with the easement, and for damages. The court granted judgment for plaintiff and awarded him $150 as treble damages. On appeal by defendant, judgment reversed on the law, without costs, and complaint dismissed, with costs. Appeal by plaintiff from the judgment dismissed. Plaintiff’s and defendant’s predecessors in title took from a common grantor in April, 1865. There is no proof that the use which gives rise to the…