Guerin v. Yocum

BILLINGS, Judge.

Plaintiff obtained a mandatory injunction against the defendant’s blocking of a road that plaintiff used to get to his home and which crossed a portion of defendant’s farm. The lower court decree plaintiff had an “easement of roadway” over the defendant’s land and in addition to granting the requested injunctive relief awarded plaintiff nominal damages for the defendant’s wrongful blocking of the road. We affirm.

Witnesses for both parties testified that for a period of fifty to sixty years there had been a north-south road which crossed defendant’s property and ran north past…