Opinion
No. 81-362
Decided July 2, 1982
Appeal and Error — Scope of Review — Deference to Judgment of Trial Court In an appeal from lower court's approval of master's recommendation to quiet title to a roadway and spring in a town, the supreme court having reviewed the record could not conclude that the master erred, and since the supreme court will not disturb a trial court's ruling when it is supported by the evidence, the decision was affirmed.
Patrick Clooney, of Woburn, Massachusetts, by brief and orally, pro se.
Lane Lane, of Keene (Howard B. Lane, Jr., on the brief), by brief for the plaintiff.
MEMORANDUM OPINION
This appeal involves a petition to quiet title to a roadway and a spring located in the town of Harrisville. The town itself claimed ownership of the spring by virtue of a railroad corporation deed as well as by adverse public use for a period exceeding twenty years. It claimed ownership of the roadway by virtue of a 1939 highway layout. In his eight-page report, the Master (Mayland H. Morse, Jr., Esq.) ruled on the eighty requests before him and recommended that title be quieted in the town. The Superior Court (Pappagianis, J.) approved the report, and the defendant appealed.
The essence of the defendant's argument is that there was insufficient evidence upon which the master could conclude as he did. We will not disturb a trial court's ruling when it is supported by the evidence. Jerry's Sport Center, Inc. v. Novick, 120 N.H. 371, 373, 415 A.2d 331, 332 (1980). Having reviewed the record, we cannot conclude that the master erred.
Affirmed.