Wheelock v. Noonan

15 N.E. 67 (1888)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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