Lidgerding v. Zignego
Supreme Court of Minnesota
Action in the district court for Goodhue county to recover $125 for trespass on land. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. An easement implies an interest in the land over which it is enjoyed; a license carries no such interest. Washburn, Easem.
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Action in the district court for Goodhue county to recover $125 for trespass on land. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. An easement implies an interest in the land over which it is enjoyed; a license carries no such interest. Washburn, Easem. (4th Ed.) 6-30; Gahoon v. Bayaud, 123 N. Y. 298; Johnson v. Skillman, 29 Minn. 95. The instrument in controversy did not convey an easement. By its terms the use of the right of way was given to Youngers alone. Even…
1Opinion of the CourtMitchell, J.
This was an action to recover damages for an alleged trespass upon real property.
The material facts are as follows: In 1866 one Schlicthaber *423owned and occupied a farm, and one Youngers owned and occupied another farm adjoining on the east. Near the east line of Schlicthaber’s farm, but 15 rods west of it, there ran through his land a north and south highway, known as the “Red Wing and Zumbrota road,” to which Youngers had no access from his own farm. In this condition of things, in December, 1866, Schlicthaber executed to Youngers a deed of right of way across the land of the former, the…
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