Hamlen v. Keith
Massachusetts Supreme Judicial Court
Bill in equity, by the owners of the buildings 164 and 169 Tremont Street, Boston, to enjoin the defendant, as owner of 163 Tremont Street, from building out the front of his building over, the space about four feet wide between the front wall of his building and the line of the sidewalk, and in front of the line of the front walls of the plaintiffs’ building and other buildings in the block, on the ground of a condition in a vote and deed of the town of Boston in 1795 and…
Read the full summary
Bill in equity, by the owners of the buildings 164 and 169 Tremont Street, Boston, to enjoin the defendant, as owner of 163 Tremont Street, from building out the front of his building over, the space about four feet wide between the front wall of his building and the line of the sidewalk, and in front of the line of the front walls of the plaintiffs’ building and other buildings in the block, on the ground of a condition in a vote and deed of the town of Boston in 1795 and 1796, and of a public right of way, by dedication or prescription, over said space. West Street and Mason Street…
1Opinion of the CourtHolmes, J.
This is a bill in equity, brought to enjoin the defendant from building out upon his land beyond the former front of his building on Tremont Street in Boston. To suit the. defendant’s convenience no preliminary injunction was asked, it being agreed that the defendant would proceed at his peril, and the building now has been erected. It projects about four feet beyond the old line, which.is also the line of the other buildings between West and Mason Streets. The plaintiffs own the building adjoining the defendant on the Mason Street side, and rely upon a condition in a vote and deed of the…
2Cases cited4 opinions
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
- Staigg v. AtkinsonMassachusetts Supreme Judicial Court · 1887
- Shaw v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by12 opinions
- Erickson v. AmesMassachusetts Supreme Judicial Court · 1928
- Allen v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1924
- DeSanno v. EarleSupreme Court of Pennsylvania · 1922
- Smith v. Second Church of Christ, Scientist, PhoenixArizona Supreme Court · 1960
- American Unitarian Ass'n v. MinotMassachusetts Supreme Judicial Court · 1904
7 more not listed; retrieve them via the Exa API.