Frenning v. Dow

OPINION

WEISBERGER, Justice.

This case comes before us on appeal by the plaintiffs from a judgment entered in the Superior Court extinguishing an easement that had been in existence since 1838 on the ground of excessive use. We vacate the judgment. The facts in the case insofar as pertinent to this appeal are as follows.

The defendants’ predecessor in title (Gray) granted to plaintiffs’ predecessor (Shaw) an easement to cross defendants’ land “with teams loaded or not, caragies [sic] of any kind, Stock, on Horse back, or on foot, doing as little damage as may be * * * to him his heirs & assigns…