Burke-Tarr Company v. Ferland Corporation

OPINION

GOLDBERG, Justice.

This case arose from a complaint filed by the plaintiff, Burke-Tarr Company (Burke-Tarr), to enjoin the defendant, Ferland Corporation (defendant or Ferland), from using a right-of-way across Burke-Tarr’s property. Following a trial without the intervention of a jury, a Kent County Superior Court trial justice denied Burke-Tarr’s petition for in-junctive and declaratory relief. In addition, the trial justice denied Ferland’s claim that it had acquired a prescriptive easement over the right-of-way, and after a separate trial on damages, awarded Burke-Tarr $66,706.24…