E. Whitehead, Inc. v. Gallo

In this suit for a declaratory decree the plaintiff seeks to establish a right of way over land owned by the defendants in Worcester known as the Chiltern Hill Drive Extension. The trial judge made “Findings, Rulings and Order for Decree.” A final decree was entered favorable to the plaintiff from which the defendants appealed. Subsequent to the argument before this court the parties filed a stipulation.

We summarize the pertinent findings of the judge. The plaintiff owns a parcel of land in fee abutting the Chiltern Hill Drive Extension. The plaintiff derived its title by deed from one Edward…