CARLTON v. WARNER

Docket No. 14096.

46 Mich. App. 60 (1973)

207 N.W.2d 465

CARLTON v. WARNER

Michigan Court of Appeals.

Decided March 28, 1973.


Attorney(s) appearing for the Case

Cooney, Bertucci & Gavette, for defendants.

Before: BRONSON, P.J., and FITZGERALD and O'HARA, JJ.


O'HARA, J.

This is a lawsuit that were better not tried. It is a quarrel between neighbors. One owns the property which is called the servient estate. Apparently it is so-called because the other party incontestably enjoys an easement over it. Thus, it becomes the dominant estate.

It is undisputed that the roadway which is maintained over the easement was impassable during certain times of the year. In consequence the defendants-appellants bulldozed it. Whether...

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