Raynes v. Stevens
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on May 8, 1914, by a jeweler occupying a store numbered 69 on Central Street in Lowell, consisting of a room on the first floor and the cellar beneath it, under a lease from the defendants Stevens and JoIIiffe, the owners of the building, dated August 30, 1912, alleging that those defendants on June 1, 1913, executed a lease of the whole building to the defendant Wit for the term of twenty years, that the rear of the…
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Bill in equity, filed in the Supreme Judicial Court on May 8, 1914, by a jeweler occupying a store numbered 69 on Central Street in Lowell, consisting of a room on the first floor and the cellar beneath it, under a lease from the defendants Stevens and JoIIiffe, the owners of the building, dated August 30, 1912, alleging that those defendants on June 1, 1913, executed a lease of the whole building to the defendant Wit for the term of twenty years, that the rear of the plaintiff’s room and cellar had windows upon an open court or area about twenty-three feet long and sixteen or seventeen feet…
1Opinion of the CourtSheldon, J.
The plaintiff’s claim is that by the lease to him of “the store and cellar under the same” he acquired a right to the free and uninterrupted entrance of light and air into the store over and across the area in the rear of the store, under the rules laid down in Dexter v. Manley, 4 Cush. 14; Oliver v. Dickinson, 100 Mass. 114; Brands v. Grace, 154 Mass. 210; Case v. Minot, 158 Mass. 577; Whitehouse v. Aiken, 190 Mass. 468; and Doyle v. Lord, 64 N. Y. 432. But upon the facts which have been found by the master and upon which the case must be decided, the plaintiff has failed to establish his…
2Cases cited27 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Doyle v. . LordNew York Court of Appeals · 1876
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
22 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
- Dale v. BedalMassachusetts Supreme Judicial Court · 1940
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Phoenix Spring Beverage Co. v. Harvard Brewing Co.Massachusetts Supreme Judicial Court · 1942
- Latter's CaseMassachusetts Supreme Judicial Court · 1921
15 more not listed; retrieve them via the Exa API.