Schwoerer v. Boylston Market Ass'n
Massachusetts Supreme Judicial Court
Bill in equity, filed September 12,1866, to restrain the defendants from constructing a building of the nature of a bridge across Boylston Square in Boston.
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Bill in equity, filed September 12,1866, to restrain the defendants from constructing a building of the nature of a bridge across Boylston Square in Boston. The bill alleged that on April 19, 1809, the defendants, owning a lot of land on the corner of Boylston and Washington (then Orange) Streets, (which lot was conveyed to them on the previous day by Ralph I. Reed and Joseph C. Dyer out of a large parcel of land, of the rest of which, adjoining the lot granted to the defendants on the south and west, Reed and Dyer continued owners in fee simple,) executed to Reed and Dyer a deed, which was…
1Opinion of the Court
Foster, J.*
The deed from the Boylston Market Association to Reed and Dyer, under which the plaintiff’s title is derived, grants tc them and their heirs and assigns, as to all that part of the association’s land which is the passagev/ay now in dispute, the right that it “ shall not be subject to have any fence or building erected thereon.”
In the opinion of the court, this language requires that the entire space of the passageway shall be kept open and unobstructed by any building. It is not the case of a mere right of waj where the owner of the soil may do any acts which do not *293interfere with…
2Cases cited4 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Hills v. MillerNew York Court of Chancery · 1831
- Ludlow v. New-York & Harlem RailroadNew York Supreme Court · 1852
- Townsend v. AugerSupreme Court of Connecticut · 1820
3Cited by36 opinions
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Harper v. CarrollSupreme Court of Minnesota · 1896
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- North Easton Co-operative Bank v. MacLeanMassachusetts Supreme Judicial Court · 1938
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