Rouse v. Munroe

ROSE, Justice.

In this appeal we are asked to review the district court’s construction of an easement owned by appellant John Rouse. The ease ment has as its purpose the maintaining of a stock-watering reservoir on a portion of appellee Ernest W. Munroe’s property. In the district court proceeding Munroe sued Rouse, alleging that water in the reservoir was inundating more land than authorized by the easement. Following the trial, the district judge decided that the terms of the easement only permitted the reservoir to encompass ten acres of appellee’s property. A judgment was therefore entered…