Tucker v. Howard
Massachusetts Supreme Judicial Court
Bill in equity for an injunction against obstructing a passageway running from Merrimack Street in Boston, by erecting the wall of a building within it. A preliminary injunction was refused; and the defendant completed the wall.
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Bill in equity for an injunction against obstructing a passageway running from Merrimack Street in Boston, by erecting the wall of a building within it. A preliminary injunction was refused; and the defendant completed the wall. Upon a hearing on the merits, it appeared that the plaintiffs owned the land on one side of the passageway, and the defendant owned the land on the other side of the passageway and in the rear of it; that the plaintiffs had by deed “ the right to pass and- repass in, upon and over ” the passageway in question, which was described as “ five feet wide and ten feet high;…
1Opinion of the CourtGray, C. J.
The defendant, since the filing of this bill, has built a wall in the plaintiffs’ passageway, which has been decided to be a violation of their right. Tucker v. Howard, 122 Mass. 529. The plaintiffs’ right in the passageway included the right to so much light and air as was necessarily incident to the use of the passageway. Atkins v. Bordman, 2 Met. 457. The master finds that the permanent damage to the plaintiffs’ estate, if the defendant’s building is allowed to remain as it is, is $200, and that the building can be altered in the manner directed by the decree appealed from, at an expense…
2Cases cited5 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
- Creely v. Bay State Brick Co.Massachusetts Supreme Judicial Court · 1870
- Nash v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1877
3Cited by37 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Gino's Pizza of East Hartford, Inc. v. KaplanSupreme Court of Connecticut · 1984
- Green v. Okanogan CountyWashington Supreme Court · 1910
- Texas & New Orleans Railroad v. Northside Belt Railway Co.Supreme Court of the United States · 1928
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