Kesseler v. Bowditch
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 8, 1915, by the owner of certain land with a dwelling house thereon at the northwest corner of Pleasant Street and Piedmont Street in Boston, alleging that adjacent to the rear of the plaintiff’s premises and oil the defendant’s land there was a certain open courtyard or passageway leading from the defendant’s premises to Pleasant Street known as Newman Court which had been in existence as a court kept open for light…
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Bill in equity, filed in the Superior Court on December 8, 1915, by the owner of certain land with a dwelling house thereon at the northwest corner of Pleasant Street and Piedmont Street in Boston, alleging that adjacent to the rear of the plaintiff’s premises and oil the defendant’s land there was a certain open courtyard or passageway leading from the defendant’s premises to Pleasant Street known as Newman Court which had been in existence as a court kept open for light and air and as a passageway for over sixty years; that the plaintiff had a right or easement to light and air over the…
1Opinion of the CourtCrosby, J.
The plaintiff is the owner of a parcel of land at the corner of Pleasant and Piedmont streets in Boston. The rear of the lot abuts upon a passageway called Newman Place. The land in the rear of the plaintiff’s lot, including the passageway, is owned by the defendant. The plaintiff derives title to his land under a deed from James Neunan to Joseph Pratt and Andrew McKenney, dated October 8, 1825. This deed, like other deeds given by Neunan to other persons about the same time, contains the following provision: “Also the privilege of putting two or three windows in the north side of each…
2Cases cited5 opinions
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- American Unitarian Ass'n v. MinotMassachusetts Supreme Judicial Court · 1904
- Canny v. AndrewsMassachusetts Supreme Judicial Court · 1877
- Cotting v. MurrayMassachusetts Supreme Judicial Court · 1911
3Cited by14 opinions
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- Davis v. SikesMassachusetts Supreme Judicial Court · 1926
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