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BOLDUC v. WATSON

639 A.2d 629 (1994)

Christine L. BOLDUC et al. v. Dale WATSON.

Supreme Judicial Court of Maine.

Decided April 1, 1994.

Attorney(s) appearing for the Case

William Thomas Hyde, Merrill, Hyde & Fortier, Skowhegan, for plaintiffs.

James MacMichael, MacMichael & Talbot, Skowhegan, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and DANA, JJ.

ROBERTS, Justice.

Christine, Eugene, and Frank Bolduc appeal from a judgment entered in the Superior Court (Somerset County, Kravchuk, J.) declaring that they had abandoned a private easement over the abutting property of their neighbor, Dale Watson. The Bolducs contend that the court erred in deciding the issue of abandonment because Watson failed to raise it as an affirmative defense in his answer to their complaint and in finding that they had abandoned...

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