Killian v. Town of Brimfield

This is an appeal from the dismissal of an action seeking to enjoin the town from maintaining a mill pond, the water of which affects nearby landowners. 1. We agree with the judge that, on the master’s report, the action must be dismissed. The master’s finding that the scope of the highway easement acquired by the town included "[t]he right and duty to maintain the dam and all parts of it” necessarily imported a right to retain the water behind the dam in order to protect that easement. The master concluded that the easement taken by the town in 1867 included the right and duty to maintain…