Robinson v. Maine Central Railroad

CLIFFORD, J.,

with whom ROBERTS, J., joins, dissenting.

Summary judgment is an extreme remedy that should be cautiously invoked. Aucella v. Town of Winslow, 583 A.2d 215, 216 (Me.1990). In this case, the Robinsons are entitled to summary judgment only if the facts conclusively preclude judgment for Maine Central Railroad, making judgment in favor of the Robinsons the only possible result. Id.

Because the conveyance to the predecessor of Maine Central Railroad did not expressly create an easement, any easement giving the Robinsons the right to cross railroad property would necessarily have been…