Zimmerman v. Finkelstein
Massachusetts Supreme Judicial Court
•Bill in equity, filed in the Superior Court on October 14, 1915, by the owner of the estate numbered 34 on North Russell Street in Boston, including the fee in the adjoining four foot passageway called Russell Place, against the owner of the building numbered 32 on North Russell Street and adjoining the other side of Russell Place, to restrain the defendant from trespassing upon the plaintiffs’ land and for a mandatory injunction ordering the defendant to remove certain…
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•Bill in equity, filed in the Superior Court on October 14, 1915, by the owner of the estate numbered 34 on North Russell Street in Boston, including the fee in the adjoining four foot passageway called Russell Place, against the owner of the building numbered 32 on North Russell Street and adjoining the other side of Russell Place, to restrain the defendant from trespassing upon the plaintiffs’ land and for a mandatory injunction ordering the defendant to remove certain fire escapes projecting over and upon the plaintiffs’ land. The defendant demurred to the bill, the first ground assigned…
1Opinion of the CourtCrosby, J.
The plaintiffs and the defendant are owners of adjoining real estate on North Russell Street in the city of Boston. There is a passageway between the buildings owned respectively by the parties, and this bill is brought to restrain the defendant from maintaining fire escapes on the passageway. The case was referred to a master, who found that the fee in the passageway was owned by the plaintiffs and that the maintenance of the fire escapes by the defendant was without right. He further found that certain easements in the passageway were owned by others as appurtenant to a parcel of real…
2Cases cited2 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Carter v. SullivanMassachusetts Supreme Judicial Court · 1932
- Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
- Crullen v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1925
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