Castanino v. Cate

In this action of tort, the plaintiffs seek to recover damages for the cutting down and removal of a tree which stood partly on their land and partly on land of the defendant. The answer is a general denial.

The parties own adjoining lots of land on the north side of Highland Street, in Waltham, Massachusetts, which they had purchased from the same grantor on or about March 29, 1950,

A summary of the trial judge’s finding of facts, is as follows:

To provide a driveway eight feet in width for the benefit of the owners of said lots, the grantor reserved for that purpose, in each of the deeds, a…