The Calcutta Law Journal Short Notes of Cases Articles & Other Matters August 1 1913

Suppose that the wharf is destroyed by the act of God or taken by eminent domain ; what is the effect on the right to pass and repass ? Suppose that the owner of the well wrongfully destroys it what is the effect if any on the easement ? Or to put the problem in another way what is the effect of impossibility of user upon an easement ? An easement is a liberty privilege or advantage without [...] The Court held that the construction of the street rendered user of the easement impossible and thereby extinguished it ; and that the right of ingress and egress and also the right to have no building erected within the dock were incidents of the principal easement and determined therewith. [...] The mill burned and the defendant (owner of the servient tenement) removed the dam whereupon the plaintiff bought an action on the case. [...] The plaintiffs sued for recovery of the whole of the mortgage money by sale of the whole of the mortgaged property. [...] The parties to the suit were the same as the parties to the application for review.