Carlton v. Warner

This is a lawsuit that were better not tried. It is a quarrel between neighbors. One owns the property which is called the servient estate. Apparently it is so-called because the other party incontestably enjoys an easement over it. Thus, it becomes the dominant estate.

It is undisputed that the roadway which is maintained over the easement was impassable during certain times of the year. In consequence the defendants-appellants bulldozed it. Whether rightfully or not, they at least impolitely went ahead with the project without consulting the fee owners. The fee owners sued in trespass.…