Thurston Enterprises, Inc. v. Baldi

Baldi (defendant) granted Thurston (plaintiff) an easement across his drive-in movie theater for access to a parcel Thurston purchased for marina parking and boat storage, but Thurston's subsequent use of heavy 10-wheeled trucks — too tall to pass under the theater marquee and too wide to navigate around the ticket booth as the easement's course required — caused the trucks to veer outside the granted right-of-way into speaker aisles, destroying pavement and creating deep ruts both within and beyond the easement. After Thurston petitioned to enjoin Baldi from blocking the easement, a court-appointed master found neither party had anticipated such heavy truck use, that Thurston had unreasonably damaged and enlarged the easement beyond its granted scope, and ordered Thurston to repave, repair, limit daily truck traffic, and rebuild the ruts; both parties appealed.