Driscoll v. Smith
Massachusetts Supreme Judicial Court
Bill in equity, filed June 21,1900, to restrain the defendant from maintaining a barrier across a road alleged to be a part of Smith Street, a private way leading from the plaintiff’s land in Chicopee, conveyed to him by the defendant, to Prospect Street, a highway in that city. In the Superior Court the case was heard by Hardy, J., who made a decree dismissing the bill. The plaintiff appealed. The defendant also appealed.
1Opinion of the CourtMorton, J.
The plaintiff is the owner of a lot of land in Chicopee conveyed to him by the defendant. The deed bounds the land in part “ on the northerly line of Smith Street.” The bill alleges amongst other things that the defendant is the owner of the land on which Smith Street extends, and that he has built a fence across the same and forbidden the plaintiff to travel on the same and .has done other things inconsistent with the plaintiff’s use of *the street; and it prays that the defendant may be compelled to remove the fence and may be restrained from any and all acts inconsistent with the use of…
2Cases cited5 opinions
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
- Cobb v. Massachusetts Chemical Co.Massachusetts Supreme Judicial Court · 1901
- Nathan v. NathanMassachusetts Supreme Judicial Court · 1896
- Washburn v. MillerMassachusetts Supreme Judicial Court · 1875
3Cited by30 opinions
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Casella v. SneiersonMassachusetts Supreme Judicial Court · 1949
- Adams v. SilvermanMassachusetts Supreme Judicial Court · 1932
- New England Structural Co. v. Everett Distilling Co.Massachusetts Supreme Judicial Court · 1905
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