Town on Boylston v. McGrath

This is a bill in equity to enjoin the defendants from maintaining an excavation in adjoining land which deprives the plaintiff’s land of lateral support. The bill alleged that because of such excavation the land of the plaintiff has caved in and fallen on the defendants’ land and such subsidence is continuing. The relief sought includes restoration of support and damages.

The defendant McDonald filed no pleading. The defendant McGrath (hereinafter, the defendant) filed a plea in abatement and a plea in bar both of which were sustained in the Superior Court on allegations to the effect that…