Stefanick v. Fortona
Massachusetts Supreme Judicial Court
Tort for obstructing an alleged right of way three feet in width extending for a distance of sixty-six feet along the entire southerly side of a lot of land belonging to the plaintiff on the northeast corner of Hoosac Street and Mill Street in Adams.
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Tort for obstructing an alleged right of way three feet in width extending for a distance of sixty-six feet along the entire southerly side of a lot of land belonging to the plaintiff on the northeast corner of Hoosac Street and Mill Street in Adams. Writ dated June 1, 1914. In the Superior Court the case was submitted upon an agreed statement of facts to Fox, J., who, on the evidence described in the opinion, found for the plaintiff and assessed damages in the sum of $25.81. From a judgment entered in accordance with this finding the defendants appealed.
1Opinion of the CourtLoring, J.
This is an action of tort for obstructing a right of way three feet wide and sixty-six feet long, butting on the southerly line of the plaintiff’s land. It is conceded that the plaintiff had such a right of way, but the defendant contends that the true southerly line of the plaintiff’s land is some eighteen inches farther north than that contended for by the plaintiff.
The facts which gave rise to the controversy are these: Before the conveyance to the plaintiff hereinafter set forth, one Cohen was the owner of a lot of land called the “Busby Lot,” bounded on the south by Hoosac Street…
2Cases cited7 opinions
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
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