Jenks v. Williams
Massachusetts Supreme Judicial Court
Bill ir equity against Jacob L. Williams, the occupant of a house on Mount Vernon Street, in Boston, adjoining a house in said street, owned by the. plaintiffs, alleging that the defendant was about to construct a bow-window upon the front of his house, projecting before said front more than one foot, in violation of the St. of 1799, c. 31, § 5,* and the ordinances of the city of Boston of 1850 ;* that said bow-window would obstruct the view from the windows of the…
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Bill ir equity against Jacob L. Williams, the occupant of a house on Mount Vernon Street, in Boston, adjoining a house in said street, owned by the. plaintiffs, alleging that the defendant was about to construct a bow-window upon the front of his house, projecting before said front more than one foot, in violation of the St. of 1799, c. 31, § 5,* and the ordinances of the city of Boston of 1850 ;* that said bow-window would obstruct the view from the windows of the plaintiff’s house, and would diminish the light and air entering the same : and praying for an injunction to restrain the…
1Opinion of the CourtGray, C. J.
The St. of 1799, e. 31, § 5, and the city ordinance of 1850, imposing penalties for making and maintaining bow-windows or other projections into the streets of Boston, are manifestly intended for the benefit of the public, and not to confer distinct rights on individual citizens or owners of property. The plaintiffs do not allege that they have any easement or right of light and air across the front of the defendant’s house, and could not have, except by grant or agreement intended for their benefit. *219Keats v. Hugo, ante, 204. Paine v. Boston, 4 Allen, 168. Jewel v. Lee, 14 Allen, 145. In the…
2Cited by15 opinions
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