Johnson v. Labombard

The finding and decree of the Court for the plaintiffs does not disclose the basis therefor. Since there is no express grant of an easement of the use of the spring of water to the plaintiffs, the decree must be based on a finding of an easement by implication or by prescription. In this jurisdiction it is well settled that “an easement cannot pass by implication merely on the ground of convenience.” Goudie v. Fisher, 79 N. H. 424, 425, and cases cited. The evidence introduced and offered did not establish that degree of necessity required to establish an easement by implication. “Mere…