Bornstein v. Doherty
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 23, 1907, seeking to compel the defendants to remove a brick structurc which was erected by them and which the plaintiff contended constituted an infringement of a right of way and easement of light and air belonging to him. The case was heard by Fox, J., and the evidence was taken by a commissioner appointed under Equity Rule 35. There was a decree for the plaintiff; and the defendants appealed.
Read the full summary
Bill in equity, filed in the Superior Court on November 23, 1907, seeking to compel the defendants to remove a brick structurc which was erected by them and which the plaintiff contended constituted an infringement of a right of way and easement of light and air belonging to him. The case was heard by Fox, J., and the evidence was taken by a commissioner appointed under Equity Rule 35. There was a decree for the plaintiff; and the defendants appealed. At the request of the defendants, the presiding judge made a report of the material facts in accordance with R. L. c. 159, § 23, among which…
1Opinion of the CourtKhowltob, C. J.
This is a bill to enjoin the defendants from the maintenance of a building upon a passageway, and from interference with the plaintiff’s right of way, and with his right to the enjoyment of light and air, in the occupation of his adjacent property. The estates of the two parties formerly belonged to one Rust, and after his death they descended to his' two children, Daniel S. Dickerman and Caroline Bibber, who held them as tenants in common. By a decree of the Probate Court, bearing date April 28, 1884, founded upon a report of commissioners duly appointed by the court to make partition of the…
2Cases cited3 opinions
- Hayford v. SpokesfieldMassachusetts Supreme Judicial Court · 1868
- Vinton v. GreeneMassachusetts Supreme Judicial Court · 1893
- Mount Hope Iron Co. v. DeardenMassachusetts Supreme Judicial Court · 1886
3Cited by4 opinions
- Jones v. StevensMassachusetts Supreme Judicial Court · 1931
- In Re the Real Estate of MartaSupreme Court of Delaware · 1996
- Arcisz v. PietrowskiMassachusetts Supreme Judicial Court · 1929
- Kellogg v. Dearborn Information Services, LLCMontana Supreme Court · 2005