Greenwood v. Rahill

This is an appeal from a judgment entered in the Superior Court in a civil action heard before a justice of that court sitting without a jury. The plaintiffs sought to enjoin the State Department of Transportation from continuing to discharge surface runoff water onto the plaintiffs’ property through a highway culvert and drain. In an answer amended at trial without objection, the state admitted construction and maintenance of the drain but claimed the existence of a prescriptive easement giving it the right to continue directing surface runoff water onto the plaintiffs’ property. The trial…