Robinson v. Hillman
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendants from a judgment of the Supreme Court of tbe District of Columbia, on verdict, in an action for damages for tbe obstruction of a right of way and for tbe destruction of an easement; and on a motion by tbe appellees for leave to file a remittitur as to tbe sum for which they were given judgment under tbe second count of tbe declaration, if, in tbe opinion of this court, error was committed with respect to tbe verdict and judgment under…
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Hearing on an appeal by tbe defendants from a judgment of the Supreme Court of tbe District of Columbia, on verdict, in an action for damages for tbe obstruction of a right of way and for tbe destruction of an easement; and on a motion by tbe appellees for leave to file a remittitur as to tbe sum for which they were given judgment under tbe second count of tbe declaration, if, in tbe opinion of this court, error was committed with respect to tbe verdict and judgment under that count. Tbe Court in tbe opinion stated tbe facts as follows: This is an appeal [by Dora F. Eobinson and C. Barnwell…
1Opinion of the CourtJustice Robb
The rule of the common law is well settled by a long line of authorities that where the owner of an estate uses a quasi easement of an apparent and continuous character over one part of his estate, for the benefit of the other part, and which is reasonably necessary to the enjoyment of that other part, and subsequently conveys the quasi dominant part to one person and the quasi servient to another, the grantees, in the absence of express provision, will take the respective parts burdened or benefited as they were prior to the division. Lampman v. Milks, 21 N. Y. 505; Barnes v. Loach, L. R. 4…
2Cases cited8 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Hansen v. BoydSupreme Court of the United States · 1896
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Ellis v. BassettIndiana Supreme Court · 1891
- Walker v. CliffordSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- James Thomas Martin v. Noel L. BicknellDistrict of Columbia Court of Appeals · 2014
- Kayfirst Corp. v. Washington Terminal Co.District Court, District of Columbia · 1993
- Sullivan v. NeamDistrict of Columbia Court of Appeals · 1962
- Westminster Investing Corp. v. KassDistrict Court, District of Columbia · 1967