North Union Canal Company v. Newell

HENRIOD, Chief Justice

(concurring in the result):

I concur with the principles and result of the main opinion, but believe the remand should be a simple interdiction that the servient estate owner be required to furnish to the dominant estate owner reasonable access for maintenance of the canal at all reasonable times necessary to its maintenance, without our detailing what and how the judgment should read. The above generalization should suffice, but if there is to be any specificity as to1 how it should be supplemented, it should be accomplished by taking evidence, for which purpose we do not have the facilities.