Williamson v. McMonagle

Citations

• 9 Del. Ch. 380
• 83 A. 139
• 1912 Del. Ch. LEXIS 32

Syllabus

<p>The owner of a servient tenement cannot materially narrow an easement of passage by erecting therein a gate.</p> <p>Where land is subject to an easement of passage to a certain height, the owner of the servient tenement cannot, by the erection of a windbreak, so decrease the height of the passage as that it is not sufficient and reasonable for the passageway.</p> <p>While a preliminary injunction is not ordinarily mandatory, and should be so framed as only to preserve the status guo pending the final decision, it will be awarded to require the removal of an obstruction which effectuates the very injury to be ultimately remedied.</p> <p>The right of a complainant seeking a preliminary injunction should be so clear that the denial of the right must be captious and unconscionable.</p>