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United States Court of Appeals for the District of Columbia Circuit - 179 F.2d 64
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The case involves whether the appellant lost their easement right through misuse of the right of way and whether the appellee is entitled to a permanent injunction. Misuse of an easement right does not automatically result in forfeiture, waiver, or abandonment of the right. The appellant can only use the right of way to serve the dominant tenement, and the appellee is not entitled to a decree extinguishing the easement or a permanent injunction based on the current evidence. If there is any uncertainty about whether an easement is being used only for the dominant tenement, an injunction may be issued to halt any further use of the easement until it can be proved that only the dominant tenement is being served. The trial court must determine whether the loading dock can be removed and leveled off to provide ample space for the appellant's trucks to park on its own land for loading or unloading. The district court erred in granting a permanent injunction against Penn Bowling's use of the right of way and declaring it to be permanently forfeited and extinguished by abandonment.
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