Wheelock v. Noonan

15 N.E. 67 (1888)

Facts

D, who was a total stranger to P, obtained a license from P to place rocks on land that P owned. D claimed that there would be just a few rocks and that it would be for a short time and that they would be removed by the next spring. No monies or compensation of any kind exchanged hands. D then proceeded to cover the land with huge quantities of rock; some of them ten to fifteen feet long and piled as high as fourteen to eighteen feet. This was a clear abuse of the license granted. P discovered the abuse and complained to D and ordered him to remove the rocks. D promised to do so but took no action. The trial court found that the license has been abused and that after spring and with the request for withdrawal, D then became a trespasser and that the trespass was a continuing one, which entitled P to equitable relief. D was ordered to remove the rocks. D appealed