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FRENNING v. DOW

No. 87-120-A.

544 A.2d 145 (1988)

Blanche Borden FRENNING et al. v. Clarence DOW et al.

Supreme Court of Rhode Island.

July 22, 1988.

Attorney(s) appearing for the Case

Patrick T. Conley (Cunha, Conley & DiMeglio), Providence, John DiMeglio (Cunha, Conley, & DiMeglio), Providence, Stafford Sheehan, Fall River, Massachusetts, for plaintiff.

Jeremiah R. Leary (Leary & Holland), Tiverton, for defendant.

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...

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