Weld v. Brooks
Massachusetts Supreme Judicial Court
Six actions oe tort. The first five cases, in which the writs were dated in May, July, and December, 1887, were for passing and repassing over the plaintiff’s close, and the sixth was for an assault and battery. The cases were tried together in the Superior Court, before Hammond, J., who allowed a bill of exceptions, which, so far as material to the points decided, is as follows.
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Six actions oe tort. The first five cases, in which the writs were dated in May, July, and December, 1887, were for passing and repassing over the plaintiff’s close, and the sixth was for an assault and battery. The cases were tried together in the Superior Court, before Hammond, J., who allowed a bill of exceptions, which, so far as material to the points decided, is as follows. The close, of which the plaintiff Mrs. Weld was the owner, was situated in that part of Boston which was formerly West Roxbury, between the Boston and Providence Railroad, which at that place runs nearly north and…
1Opinion of the CourtW. Allen, J.
The questions whether a way which existed over the plaintiffs’ lands was a public way by prescription, and whether it was a private way appurtenant to land of the defendant Meyer, were tried together. The jury found that it was a public way.
1. Exception was taken to the admission of a plan referred to in the deed from Nathaniel Wheeler to John M. Mayo, dated December 1, 1846. No exception was taken to the admission of the deed. The plan was not recorded, but was sufficiently identified. The land conveyed included part of the close in question, and Mrs. Weld claimed under the deed, through…
2Cited by18 opinions
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Siegemund v. Building Commissioner of BostonMassachusetts Supreme Judicial Court · 1927
- McCreary v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Gadreault v. HillmanMassachusetts Supreme Judicial Court · 1945
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