Dolliff v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On report. This is an action for an alleged interruption of plaintiffs’ drain, by the erection of an abutment which prevents the use of the drain as before. The case was referred to the presiding justice to determine the facts, the law court to decide the questions of law arising thereon. The facts found are as follows : “ Prior to the year 1847, one Win.
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On report. This is an action for an alleged interruption of plaintiffs’ drain, by the erection of an abutment which prevents the use of the drain as before. The case was referred to the presiding justice to determine the facts, the law court to decide the questions of law arising thereon. The facts found are as follows : “ Prior to the year 1847, one Win. Smith was tho owner of all the land lotted upon the plan, bounded northerly by Smith street, and westerly by Main (now Elm) street, in the city of Biddeford, and he was also at the same time owner of all the land opposite these lots, between…
1Opinion of the CourtWalton, J.
The plaintiffs are not entitled to recover, for the reason that they have failed to establish a right of drainage through the defendants’ land. Undoubtedly such a right may be established by an implied grant as well as by an express grant. But implied grants are not to be favored. They should not be held to exist except in cases of clear necessity. If it is intended that an easement shall pass as one of the appurtenauces of an estate, it is very easy to have this intention expressed in the deed. If the deed is silent upon the subject, it is no more than fair to the *177grantor to presume that he…
2Cases cited1 opinion
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
3Cited by12 opinions
- Morris v. BluntUtah Supreme Court · 1916
- Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
- Wiesel v. SmiraSupreme Court of Rhode Island · 1928
- Olson v. MullenSupreme Court of Minnesota · 1955
- Berlin v. RobbinsWashington Supreme Court · 1934
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