Guy v. Delaware

438 A.2d 1250 (1981)

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Guy v. Delaware

Delaware Superior Court
438 A.2d 1250 (1981)

SC

Facts

Clifford and Mary Ennis (defendants) owned a farm on the corner of two roads. The Delaware Highway Department owned an easement that prohibited the Ennises from obstructing views around the corner at the intersection. The Ennises conveyed the farm to the Delaware Department of Natural Resources and Environmental Control. The deed reserved for the Ennises a right to live in the farmhouse for their lifetimes and the right to grow corn and soybeans on all tillable acres on the land. The Guys (plaintiffs) got into a car accident at the corner intersection. The Guys sued the Ennises, arguing that the accident would not have occurred but for corn growing and obstructing views around the corner. The Ennises moved for summary judgment, arguing that the Highway Department’s easement had been extinguished with the conveyance to the Department of Natural Resources.

Rule of Law

Issue

Holding and Reasoning (Tease, J.)

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