Rubin v. W. H. Hinman, Inc.

WEBBER, Justice.

On report. This was an action for trespass brought by plaintiff property owner against defendant road contractor. The defendant entered upon plaintiff’s property without permission, dug a trench and laid a pipe therein. The parties .recognize that defendant is justified if and only if the State Highway Commission had lawfully taken a drainage easement over the plaintiff’s property for highway purposes. Each party seasonably filed motion for summary judgment, there being no dispute as to material facts. Report was by agreement ordered upon the complaint, answer, plaintiff’s…