NEARY v. MARTIN

No. 5915.

561 P.2d 1281 (1977)

Irene Medeiros NEARY and Betty N. Alberts, Plaintiffs-Appellants, v. Robert T. MARTIN and Martha E. Martin, Defendants-Appellees.

Supreme Court of Hawaii.

March 16, 1977.


Attorney(s) appearing for the Case

Wendell F. Crockett, Wailuku (Crockett & Crockett, Wailuku, of counsel), for appellant.

Sanford J. Langa, Wailuku (Langa & Archer, Wailuku, of counsel), for appellee.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.


KIDWELL, Justice.

Plaintiffs-Appellants and Defendants-Appellees own adjoining lots in Paia, Maui. Appellants claimed an easement of way over Appellees' lots and sought an injunction against its obstruction. Appellees having counterclaimed, after a bench trial the circuit court found for Appellees on the issue of the easement's existence, enjoined Appellant Neary from trespassing on Appellees' lots and awarded damages to Appellees from Appellant Neary. We affirm as...

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